By Alex MacKay on Posted in Brands,Copyright,Registrations,TrademarksSomeone said a picture is worth a thousand words. If true, that would make it really difficult to compare a design mark and a word mark for likelihood of confusion purposes. Fortunately, a recent case from the Trademark Trial and Appeal Board (the “TTAB”) provides clearer guidance. Aquitaine Wine USA, LLC sought to register the… Continue Reading
By John Scruton on Posted in Brands,Copyright,Infringement,Registrations,Trademarks,UncategorizedThe groundbreaking Serial podcast was involved in two very different legal developments last week. The one that made the news involved its protagonist, Adnan Syed. The other, which you could be excused for having missed, involved its trademark. The Serial podcast was a huge hit that introduced a lot of people – including me –… Continue Reading
By Joel Beres on Posted in Brands,Registrations,TrademarksNo, even though we are down to the Final Four, I’m still not going to write about MARCH MADNESS®. Rather, I’m going to continue to write about Quinn, Riley, Skylar, and Toby – the four Nor’Easter storms which dumped record snowfall this March. Now being born and raised in Montana, I know a thing or… Continue Reading
By Joel Beres on Posted in Brands,Copyright,Registrations,TrademarksNo, 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
By Alex MacKay on Posted in Brands,Copyright,TrademarksThe 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
By John Scruton on Posted in Brands,Copyright,TrademarksThere has been a lot of talk lately about the idea that the supply of trademarks is running short. A recent article in the Harvard Law Review supported that idea: after some “big data” analysis, the authors concluded that (1) there is a finite number of good word trademarks, (2) the supply of those good… Continue Reading
By Alex MacKay on Posted in Brands,TrademarksWe 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
By John Scruton on Posted in Brands,TrademarksMany Trademarkology readers will recall that the Supreme Court in June 2017 held that the Patent and Trademark Office could not legally refuse registration of a mark on the ground that it was disparaging. As a result, a mark that the PTO considered a racial slur could be registered. That case reversed years of Trademark… Continue Reading
By Guest Blogger on Posted in Trademark Basics,TrademarksIt 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
By Alex MacKay on Posted in TrademarksIn 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
By Mari-Elise Paul on Posted in TrademarksAfter a bit of a blogging hiatus, I’m back! I was admittedly experiencing bloggers block, but quickly snapped out of it upon receipt of this lead feed from a friend that involved a little foodie research. A dispute between Momofuku Chef David Chang and Starbucks is brewing after Chang alleged that Starbucks copied recipes from Momofuku Milk… Continue Reading
By Guest Blogger on Posted in Trade Dress,TrademarksMost of our posts have focused on the trademark rights associated with particular words, but don’t forget to consider what your product looks like and how they are presented to customers. You can develop separate rights in the look of your product. Both the shape of a product and a product’s packaging can be protected… Continue Reading
By Alex MacKay on Posted in PatentsHave you heard? The state of Tennessee commissioned the creation of a new state logo. The public response has been enthusiastic, if not wholly positive. “It cost too much!”[1] “It’s too simplistic!” “It broke the state website!”[2] It’s not registrable! This experience gives us a lot of possible fodder, but let’s focus on registrability. Governor… Continue Reading
By Guest Bloger on Posted in Patents,TrademarksToday 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
By Alex MacKay on Posted in TrademarksIf the U.S Patent and Trademark Office (the “PTO”) refuses registration of your mark, you may appeal to the Federal Circuit for review or begin a proceeding in district court. One of these routes is likely to be more expensive than the other. The recent case of Shammas v Focarino, Case No. 14-1191, decided by… Continue Reading
By Guest Bloger on Posted in TrademarksOLD KENTUCKY PEERLESS, a fine Kentucky bourbon whiskey was produced from the late 1800s until about 1920 by the Kentucky Peerless Distilling Co., a bourbon producing company located in Henderson, Kentucky owned and operated by Henry Kraver.… Continue Reading
By John Scruton on Posted in TrademarksIt looks like Red Bull GmbH, the maker of the Red Bull energy drink, may have decided to throw its hat into the (bull) ring as a trademark bully. You are likely aware of Red Bull’s main product: an “energy drink” sold in little blue-and-silver cans, whose advertisements claim that it will give you wings. … Continue Reading
By John Scruton on Posted in TrademarksYou may have heard already that Mistress of All She Surveys Taylor Swift has filed several applications to register trademarks drawn from lyrics to songs in her boffo album 1989. Among the marks are “This Sick Beat,” “Nice to Meet You. Where You Been?,” “Could Show You Incredible Things,” and “Party Like It’s 1989.” By… Continue Reading
By Mari-Elise Paul on Posted in TrademarksWhile the sports analysts can’t stop speculating over who will be in the inaugural College Football Playoff National Championship, the BCS is squaring off against the UPSTO over registration of “COLLEGE FOOTBALL PLAYOFF”. Since March of 2013, BCS Properties, LLC, has filed six trademark applications for “COLLEGE FOOTBALL PLAYOFF” and variants thereof, for use in… Continue Reading
By Guest Blogger on Posted in TrademarksHere at the Trademarkology blog, we tend to focus on the lighter side of trademark law. We leave the boring stuff to the other trademark blogs (just kidding … sort of). Since we’re in the trademark biz, however, we do pay attention when our supreme overlords at the U.S. Patent and Trademark Office issue reports.… Continue Reading
By Guest Blogger on Posted in Trademark Basics,TrademarksRegular readers of the blog will know that I’m currently watching a lot of Music Choice on cable TV due to its magical ability to soothe my 2-month old daughter. In the process, I’m stumbling across random bits of trademark news. A couple weeks ago, the Music Choice “Did You Know” trivia referenced Prince’s decision… Continue Reading
By Guest Blogger on Posted in TrademarksAt the annual White House Correspondents’ Association dinner on Saturday, President Obama started his remarks by acknowledging that the rollout of HealthCare.gov could have gone better. The president joked that “in 2008, my slogan was ‘Yes, we can!’ In 2013, my slogan was “Control-Alt-Delete.'” HealthCare.gov is a key piece of the president’s health care plan, commonly… Continue Reading
By Guest Blogger on Posted in Trademark Basics,TrademarksOne of the first questions we get asked about filing a federal trademark application is “how much does it cost?” We charge a $700 flat fee to prepare and file the application. This allows clients to know exactly what their filing costs are going to be upfront. In addition to our flat fee, the United… Continue Reading
By Guest Blogger on Posted in Trademark Basics,Trademarks“[T]rademark lawyers can help you during the application process with several things that could seriously impact your trademark rights” –U.S. Patent and Trademark Office Sure, you can file your own trademark application, but just because you can, it doesn’t mean you should. According to the United States Patent and Trademark Office, here are five reasons… Continue Reading
