Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: Trademarks

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

How to Avoid Sadness in March Madness

Posted in Trademarks
I must admit it had not even occurred to me that the March Madness season was upon us. As such, you will not find bracket busting tips, upset picks, or predictions in this post. But don’t click away just yet. If you read on, you will learn something much more valuable (and much more accurate):… Continue Reading

Branding Lessons Learned from Bond. James Bond.

Posted in Trademarks
Growing up, my dad and I watched a lot of Bond movies. You all know the line: “Bond.  James Bond.”  [Cue music and Bond girl].  That line was introduced in the 1962 film Dr. No. Over more than 50 years, Bond has endured as an iconic brand.  The Bond actors and array of Bond girl… Continue Reading

THE PROCESS of Joel Embiid’s Trademarks

Posted in Trademarks
It seems my step-twins and Joel Embiid have something in common: they all love Shirley Temples. Embiid prefers his made with ginger ale and grenadine and allegedly drank as much as a pitcher a day while recovering from an injury. Embiid’s love of Shirley Temples is so strong that he decided to build a brand… Continue Reading

The Hand Grenade: Powerful Drink, Powerful Mark

Posted in Uncategorized
We are fully in the throes of Carnival, a season of parades and other celebrations that begins on January 6 and culminates with Mardi Gras. Mardi Gras, French for “Fat Tuesday, will take place this year on February 28, 2017.  An estimated 1.4 million people will flock to New Orleans to take part in Mardi… Continue Reading

Using Trademarks for Good!

Posted in Uncategorized
Monday is Martin Luther King Jr. Day, a national holiday marking the birthday and commemorating the life of one of our most venerated civil rights leaders. The Corporation for National & Community Service (a federal agency that operates, promotes, and supports community service programs and activities) encourages everyone to honor Dr. King by marking the… Continue Reading

NHL Team Trademark Gets Iced

Posted in Trademarks
The National Hockey League is adding a new expansion team in Las Vegas that will play its home games in the impressive new T-Mobile Arena located on the strip.  The new team is scheduled to start playing in the 2017-2018 NHL season.  So, this new team will need a new team name and—you guessed it—trademarks!… Continue Reading

This is the Spinal Tap Lawsuit

Posted in Trademarks
“This is Spinal Tap,” with its eminent quotability, is a cultural touchstone. I had heard of it, but not seen the movie until last year, when my husband sat down to watch it with me as part of his Sisyphean task of filling in the gaps in my pop culture knowledge. In comedy, timing is… Continue Reading

Supreme Court to Hear “Offensive” Trademark Case.

Posted in Copyright, Trademarks
Fall is finally here and football season is well underway.  It appears that the clash between free speech and trademark protection is headed to the Super Bowl, but it won’t be the Washington Redskins on the field. The Washington Redskins are still using their same mascots and images despite a court ruling cancelling several trademark… Continue Reading

Does One Life Matter?

Posted in Trademarks
No.  At least not according to a recent decision rendered earlier this month by three judge panel at the Trademark Trial and Appeal Board. The Applicant, Tres Vidas Organic, Inc., sought to register the following mark for tequila and tequila infused with vitamins:   The English translation of “TRES VIDAS” is three lives. Unfortunately for… Continue Reading

Audits: They’re Not Just for the IRS Any More

Posted in Patents, Trademarks
Recently, the United States Patent and Trademark Office (the “PTO”) issued its 5,000,000th registration. (Congratulations to the owner of COASTAL TACO BAR + CHILL!). It took until 1974 for the PTO to issue the 1,000,000th registration, but only about five years lapsed between the 4,000,000th and 5,000,000th registrations. Not only is the number of trademark… Continue Reading

What is the difference between a business name and a trademark?

Posted in Trademarks
For that matter, what about fictitious names, dbas and trade names? Recently, I’ve talked to a number of small business owners who have interesting and profitable businesses.  These businesses range from mechanics, to pastry stores, to musical bands.  Recently, I’ve begun asking for more detail as to what these businesses actually were.  This discussion always… Continue Reading

COURAGE, HONOR, AND MILITARY TRADEMARKS

Posted in Trademarks
As I reflected on Memorial Day, many images came to mind of family and friends who courageously gave their own lives to help protect ours.  They all shared a tremendous sense of pride for their military unit – an extension of their own identity giving rise to a lifetime bond with fellow soldiers.  Military trademarks… Continue Reading

When Brands Go Bad

Posted in Brands, Trademark Basics, Trademarks
Have you ever looked at a product and thought, “what an awful name”?   If you did, I bet you did not buy that product.  A good name for your business or product is essential to success.  The recipe for finding this golden nugget involves equal parts creativity and research.  On the creative side, you have… Continue Reading