Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: trademark registration

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

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

Design Patents and Trade Dress

Posted in Patents, Registrations, Trade Dress, Trademark Basics, Trademarks
There are several different kinds of intellectual property protection (e.g., trademarks, patents, and copyrights). The borders between the types of protection are not always clear, and it may be that some subject matter is eligible for protection in more than one category. Conversely, it may be that qualifying for protection in one category excludes the… 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

Cheaper, Faster, … Better?

Posted in Trademarks
In its quest to improve the accuracy of the trademark register, the U.S. Patent and Trademark Office (the “PTO”) has proposed a streamlined cancellation process for review and comment by August 14, 2017. The proposal would modify existing regulations to make the streamlined process an option available to petitioners seeking to cancel a federal trademark… Continue Reading

.SEX Top Level Domains Now Available – But Why?

Posted in Trademark Basics, Trademarks
On October 5, 2015, ICANN opens the door for trademark owners to register their marks in connection with the new .SEX top-level domain.  This is called a “sunrise” period and permits domain name registrations before the top-level domain goes active. Why would anyone want to register their trademark in connection with the .SEX top level… Continue Reading

China Dunks on Michael Jordan

Posted in Trademarks
Michael Jordan has one of the best trademark brands in basketball and is by all accounts a worldwide legend.  But, that didn’t help him prevent a Chinese company from registering multiple trademarks using a similar name and silhouette of a player on athletic shoes. The Chinese company operates as Qiaodan Sports Co, where Qiaodan is… Continue Reading

Arguing Before The Trademark Trial and Appeal Board

Posted in Patents, Trademarks
Today I argued before a three-judge panel of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”). The TTAB is comprised of twenty-three administrative judges who settle disputes regarding trademark registration.  The disputes can be between two parties who have a conflict regarding rights to register a mark under U.S. trademark laws, or… Continue Reading