Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: trademark infringement

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

AMERICAN BUILT, WALMART, AND YOU

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

Oklahoma State University and New Mexico State University Call It a Draw

Posted in Trademarks
Oklahoma State University and New Mexico State University have holstered their pistols and called their dispute over Pistol Pete a draw.  Less than two months ago, Oklahoma State University filed a lawsuit against New Mexico State University for trademark infrigement over New Mexico State University’s “Classic Aggie” mascot mark. The lawsuit alleged that New Mexico State University’s “Classic Aggie” mark… Continue Reading

The Lucasfilm Empire Strikes Bock Beer

Posted in Trademarks
A long time ago, in a galaxy far, far away, Lucasfilm, Ltd., filed an opposition to Walton Street Brewing Corp.’s application to register the mark EMPIRE STRIKES BOCK for ale and beer. Just kidding; it wasn’t a long time ago, and it wasn’t in a galaxy far, far away. The opposition was filed earlier this month… Continue Reading

Abercrombie and Affliction in an “American Fight”

Posted in Trademarks
Abercrombie & Fitch Co. recently filed suit against Affliction Holdings over its use of “AF” on its “American Fighter” brand of clothing. The two clothing companies have come to blows over Affliction’s plastering of “AF” all over its apparel. In case you’re unfamiliar with Affliction, Affliction appeals to audiences interested in a rock & roll, moto… Continue Reading

Skechers Sues Fila for “Mocking” the Go Walks

Posted in Trademarks
Last week, tired of being walked all over by Fila, Skechers slammed Fila with a lawsuit for unfair competition, trade dress infringement, design patent infringement, and diution. The suit claims that the design of the Fila AMAZEN MEMORY MOC is confusingly similar to that of the Skechers GO WALK. SKECHERS GO WALK  FILA AMAZEN MEMORY MOC… Continue Reading