Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: trademark infringement

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

Building Brands – LÄRABAR

Posted in Brands, Copyright, Trademarks
Trademarks are everywhere! From the Delta® faucet you use every day, to your favorite Starbucks® treat, and even your favorite G2® ink pen at work (I mean – is there any other acceptable pen?!). Everyone encounters hundreds, if not thousands, of trademarks each and every day! In a boiled down sense, trademarks are just another… 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


Posted in Trademarks
I read a news report about a small veteran-owned company called American Built that recently settled with a company called Hybrid Apparel over sales of t-shirts that were being sold at Wal-Mart.  The t-shirts infringed AMERICAN BUILT federal trademark registration 4,297,829 for “Hats; Pants; Shorts; Sweatshirts; T-shirts.” Reportedly, the owner of American Built, Nicholas Carson, discovered… Continue Reading

Knocking out the Knock-Offs

Posted in Brands, Trademarks
Gucci, Yves Saint Laurent, Puma, and other brands owned by the French company Kering SA filed a lawsuit last week in New York, alleging that the Chinese online giant Alibaba Group knowingly let counterfeit goods be advertised and sold on its website to United States customers.  Alibaba is an online marketplace that recently went public… Continue Reading

Trademarks and Expressive Works

Posted in Trademarks
                    Original works fixed in a tangible medium of expression are protected by U.S. Copyright laws. Occasionally, third-party trademarks appear in connection with creative works, either within the works of art themselves, or in a title or description associated with the works. Does a trademark owner… Continue Reading

The First Amendment, Target, and Rosa Parks

Posted in Trademarks
If you were following two weeks ago, you recall my recap of the Board’s decision to refuse registration to “PRINCESS KATE” and “ROYAL KATE” on the grounds that potential consumers would think of Kate Middleton (actually a Duchess) when they saw the marks i.e. Kate Middleton has the right to control the right of publicity… Continue Reading

Is Taylor Swift Trying to Use Trademark Protection to Monopolize Common Phrases?

Posted in Trademarks
You may have heard already that Mistress of All She Surveys Taylor Swift has filed several applications to register trademarks drawn from lyrics to songs in her boffo album 1989.  Among the marks are “This Sick Beat,” “Nice to Meet You. Where You Been?,” “Could Show You Incredible Things,” and “Party Like It’s 1989.”  By… Continue Reading

A Tale of Two Ales

Posted in Trademarks
“Here’s to alcohol: the cause of, and answer to, all of life’s problems.”  Matt Groening The former is certainly true for Lagunitas Brewing Company.  Lagunitas is dealing with a PR headache worse than the worst hangover after it sued Sierra Nevada Brewing Company for infringement of various “IPA” trademarks owned by Lagunitas.  For you teetotalers… Continue Reading