Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: Trademarks

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

Registration of State Names as Trademarks

Posted in Brands, Copyright, Infringement, Patents, Registrations, Trademarks
Collegiate licensing is a big deal these days. Lots of alumni and fans of college teams want to wear clothing bearing the marks of their alma mater or their favorite team. Colleges commonly register their critical trademarks and license others to produce goods bearing their marks. Sometimes they have to pursue infringers who sell those… 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

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

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

Going Bananas for Halloween – Costume Wars

Posted in Trademarks
Are you a Halloweenie? If you are, you value all things Halloween on this spooky day filled with tricks, treats, and… you guessed it – costumes. The National Retail Federation estimates that Americans will spend over $9 billion this year, with about $3.4 billion attributable to costumes. Costumes are big business. The banana costume is… Continue Reading

Phantasmarkgoria

Posted in Trademarks
In the spirit of Halloween, this post will be about the ghostly subject of phantom marks. Generally, a trademark application filed in the United States may seek registration of only one mark. This is not always the case in other countries. For example, in the United Kingdom, Australia, and Hong Kong, it is possible for… 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

CHEERI-NOS

Posted in Brands, Trademarks
Cheerios® may have a trademark registration for the slogan The One and Only®, but the Trademark Trial and Appeal Board shot down its attempt to register the color yellow for its box, finding that it was not the one and only cereal with a yellow box. Cheerios have been a staple on the American family’s… 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