Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: trademark

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

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

Olympic Marks

Posted in Brands, Copyright, Copyright, Trademarks
The opening ceremonies for the 2018 Olympic winter games take place Friday, February 9, but competition has already begun. In addition to competitions on the ice and slopes, there are competitions among brand owners. Official sponsors of the Olympic games pour lots of dollars into exclusivity, promotions, and advertisements related to the Olympics. And sometimes… Continue Reading

A PR Headache for the CROCK-POT Trademark

Posted in Brands, Trademarks
Fans of the tear-jerking NBC drama This Is Us will be aware of a certain incident with a kitchen appliance that had a big effect on the show’s Pearson family. (Fans who don’t know what I’m talking about and don’t like spoilers should read no further.) Fans already knew that one of the main characters… Continue Reading

The Fight Over the “Golden Knights”

Posted in Brands, Trademarks
Since becoming a Nashvillian a little over a year ago, I’ve fallen in love with a new sport: hockey. Hockey fever is infectious and its contraction was almost unavoidable as the Nashville Predators made it all the way to the Stanley Cup Final for the 2016-2017 season. This year, there is a new team that… Continue Reading

Good Intentions

Posted in Brands, Trademarks
We are two weeks into 2018. Have you kept your new year’s resolutions so far? If you are like me, you have good intentions, but that may be all you have. If one of your intentions this year is to use a new mark with a good or service (or to begin using an existing… Continue Reading

Genericide of the Fidget Spinner

Posted in Trademark Basics, Trademarks
It seems everywhere I look, I see stores, gas stations, mall kiosks and even boutiques in Gatlinburg selling Fidget Spinners.  Every kid I know has one (or probably more than one).  So is FIDGET SPINNER a type of toy or a brand? If you are not yet familiar with Fidget Spinners, then you must live… Continue Reading

Use It (in Commerce) or Lose It!

Posted in Trademarks
Before a U.S. application filed on an in-use or intent-to-use basis may proceed to registration, the applicant must show that the mark has been used in commerce.  Being right about whether the mark has been used in commerce is important. In fact, the validity of the resulting registration may depend on it. Using a mark… Continue Reading

Writing Off Your Rights

Posted in Brands, Copyright, Trademarks
  I have twins.  Yes, we have two of most everything.  No, it doesn’t make it easier.  The twins don’t always remember who owns what or whether the object was traded.  I hear a lot of, “That’s mine!”  Somehow, that familiar childhood fight doesn’t seem to change as we grow up, and many of my… Continue Reading

Brexit, Brouhaha, and… Beer?

Posted in Trademarks
        You are probably sick of hearing the word BREXIT by now.  If you don’t yet know what it is, Brexit refers to Britain’s recent vote to exit the European Union.  Since numerous international agreements must now be reversed, there is a lot of uncertainty about how the United Kingdom will unravel… Continue Reading

Unfair Competition is Such a Headache

Posted in Trademarks
This week, in Belmora LLC v. Bayer Consumer Care AG and Bayer Healthcare LLC, Appeal No. 15-2335 (March 23, 2016), the U.S. Court of Appeals for the Fourth Circuit held that the Lanham Act permits plaintiffs to bring false advertising, false association, and trademark cancellation claims in the U.S., even if those plaintiffs do not… Continue Reading

Trademark Resolutions

Posted in Trademarks
Happy new year! Gone is the old year and with it the tired top ten lists that rehash stale events that occurred months before. This is not a top ten list. It is a top sixteen list! Completely different. These are good resolutions for all trademark owners, and some are inspired by recent trademark cases.… Continue Reading

Indictment of Trademark Scam Operator

Posted in Trademarks
Have you ever received in the mail what appears to be an invoice for trademark-related services you did not request? If so, hopefully you contacted your attorney before paying it. This is the modus operandi of several scam operators who target trademark owners. But now there may be one fewer of these in the marketplace.… Continue Reading

For a Limited Time Only….

Posted in Brands, Copyright, Trademarks
Hallowe’en is only a few days away. That means there is limited time left to get your favorite Monster Cereals from the grocery store! General Mills’ Count Chocula, Franken Berry, and Boo Berry cereals are only a few years older than I am.[1] (Not the boxes in my pantry; the original brands.) So these annual… Continue Reading