Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: Trademark Trial and Appeal Board

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

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

Indeterminacy

Posted in Trademarks
In my post last week I promised to discuss how the Board decides likelihood of confusion cases. How the Board decides these issues is of particular interest because it bears on a case currently pending before the Supreme Court, B&B Hardware v. Hargis Industries, Inc., concerning what effect a decision on the issue of likelihood… Continue Reading

Back To Basics: Trademark Use In Commerce

Posted in Trademark Basics, Trademarks
While we usually report on “sexy” trademark topics on the Trademarkology blog (e.g., Deadmau5’s catfight with Ferrari, Prince’s breakup with his record label, Thomas Pink’s panty raid on Victoria’s Secret), a recent question from a law school student made me revisit one of the fundamental issues in trademark law: use in commerce. A trademark must be… Continue Reading