Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: intellectual property

Trademarks and Bankruptcy Revisited

Posted in Trademarks
Over a year ago, we wrote about the intersection between trademarks and bankruptcy. Specifically, we described a scenario in which a licensor files bankruptcy and chooses to ‘reject’ the license agreement. Under the Bankruptcy Code, the licensee may continue to exercise its rights (and carry out its corresponding duties) with respect to all intellectual property… Continue Reading

Identity Issues: More on Rebranding and Brand Nicknames

Posted in Brands, Copyright, Trademarks
Only three months ago we wrote about rebranding. Just two months ago we wrote about beloved brand nicknames. Then, last month, two companies announced plans to rebrand to abbreviations of their current marks. Coincidence? Probably, but we are going to take the opportunity to revisit those topics anyway. On September 25, 2018, Dunkin’ Donuts announced… Continue Reading

Registration of State Names as Trademarks

Posted in Brands, Copyright, Infringement, Patents, Registrations, Trademarks
Collegiate licensing is a big deal these days. Lots of alumni and fans of college teams want to wear clothing bearing the marks of their alma mater or their favorite team. Colleges commonly register their critical trademarks and license others to produce goods bearing their marks. Sometimes they have to pursue infringers who sell those… Continue Reading

The Golden Knights are one step closer to securing the Stanley Cup and Federal Trademark Registration

Posted in Infringement, Trademarks, Uncategorized
This hockey season, the Las Vegas Golden Knights have been fighting to establish their name in the National Hockey League . . . and with the United States Patent and Trademark Office (USPTO). If you have no idea what I’m talking about, check out my post from January about “The Fight Over the “Golden Knights.”… Continue Reading

A Tradition Unlike Any Other® – The Masters® at Augusta National®

Posted in Brands, Copyright, Infringement, Trade Dress, Trademarks, Uncategorized
Hi everyone! You’re favorite Trademarkologist-in-training is back! I apologize for not blogging last month but my husband, Chris, and I were at the 2018 Masters Tournament® in Augusta, Georgia! If that’s not a “get-out-of-work-free card” then I don’t know what is! Tickets to the Masters® have been referred to as some of the toughest tickets… Continue Reading

March! What a month! (Part 1)

Posted in Brands, Copyright, Registrations, Trademarks
No, I’m not going to write about MARCH MADNESS® – that annual ritual of college basketball and the NCAA® basketball tournament. Rather, I’m writing about the crazy winter weather which battered the East Coast with four Nor’Easter storms dumping record snowfall this March. After last week’s Storm Skylar and this week’s Storm Toby, some parts… Continue Reading

Specimen Pilot Program

Posted in Brands, Copyright, Trademarks
The United States Patent and Trademark Office (the “PTO”) has launched a new pilot program designed to ensure that specimens of use submitted to the PTO reflect actual use of the mark in commerce. A mark is “used in commerce” within the meaning of the federal trademark statute (the Lanham Act) when the mark is… Continue Reading

Promoter of Pugilist Products Fails to Prove Priority

Posted in Brands, Trademarks
In a case of first impression, the Trademark Trial and Appeal Board (the “TTAB”) decided that a licensee, even an exclusive licensee who has been appointed by the licensor as its representative for protecting intellectual property rights, cannot assert her licensor’s purported priority rights to prevail in a claim of likelihood of confusion. Moreno v.… Continue Reading

THE PROCESS of Joel Embiid’s Trademarks

Posted in Trademarks
It seems my step-twins and Joel Embiid have something in common: they all love Shirley Temples. Embiid prefers his made with ginger ale and grenadine and allegedly drank as much as a pitcher a day while recovering from an injury. Embiid’s love of Shirley Temples is so strong that he decided to build a brand… Continue Reading

Using Trademarks for Good!

Posted in Uncategorized
Monday is Martin Luther King Jr. Day, a national holiday marking the birthday and commemorating the life of one of our most venerated civil rights leaders. The Corporation for National & Community Service (a federal agency that operates, promotes, and supports community service programs and activities) encourages everyone to honor Dr. King by marking the… Continue Reading

DeLorean Flies into the Future with a Trademark Infringement Lawsuit

Posted in Trademarks
In “Back to the Future II,” Marty McFly uses his fancy flying time machine to travel to the future. Ironically, he travels to 2015, a time filled with skateboards that fly, automated dog-walkers, and self-drying jackets. While we don’t currently have flying skateboards, automated dog-walkers, and self-drying jackets, 2015 does have one thing relating to “Back to the Future”: a trademark infringement lawsuit. Woah.… Continue Reading