Trademark & Copyright Law

Trademark Rights Law: Penn State Not Geographically Descriptive

Trademark Rights Law: Penn State Not Geographically Descriptive

On February 21, 2019, Pennsylvania State University (the “Applicant”) filed a trademark application with the United States Patent and Trademark Office (“USPTO”), seeking registration of: 1) the word mark PENNSTATE HEALTH; and 2) the words PENNSTATE HEALTH with a logo of a Nittany lion (the “Marks”). The Trademark Examining Attorney refused registration of the Marks, …

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Trademark Dispute

Hanes Pop Warner’s Way: Trademark Dispute Over Pop Warner Mark

On February 1, 2021, Pop Warner Little Scholars, Inc. (“PWLS”) and Pop Warner Authentic, Inc. (“PWA”) (collectively, “Pop Warner”) filed a complaint for trademark infringement against Hanesbrands, Inc. (“Hanes”) in the United States District Court for the Central District of California. Pop Warner is seeking injunctive relief and damages stemming from these infringement allegations. Given …

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TTAB trademark decision

TTAB Trademark Decision Finds No Confusion Between CHINOOKR’D IPA and CHINOOK Wine

W. Clay Mackey (“Opposer”), owner of the registered mark CHINOOK, for table wine, sparkling wine and beer, filed an opposition against Lawson’s Finest Liquids, LLC (“Applicant”) federal trademark application for CHINOOKER’D IPA, for beer. On December 7, 2020, the Trademark Trial and Appeal Board (“TTAB”) canceled the Opposer’s registration of CHINOOK for beer on the …

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trademark law fair use

Jack Daniel’s Petitions for Certiorari to Clarify Trademark Fair Use

In April, we blogged about the Ninth Circuit’s ruling in the matter of VIP Products LLC v. Jack Daniel’s Properties, Inc. VIP Products LLC (“VIP”) designs chew toys that are made to humorously resemble well-known alcohol and soda brands. Naturally, VIP created a chew toy modeled after the Jack Daniel’s Properties, Inc. (“Jack Daniel’s”) iconic …

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trademark lawyer

“Terrible Towel” Lawsuit a Good Reminder to Consult a Trademark Lawyer

On August 21, 2020, The Eamon Foundation, owner of multiple trademarks related to the “Terrible Towel” waived at Pittsburgh Steelers (the “Steelers”) games, sued Time In, LLC d/b/a Time in Apparel (“TIA”) for trademark infringement, unfair competition, dilution and unjust enrichment. The lawsuit is a good reminder of the importance of consulting with an experienced …

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ppe contract

PPE Contracts: Legal Issues and Concerns

The COVID-19 health crisis has highlighted just how vital Personal Protective Equipment (“PPE”) is for healthcare workers and citizens during a pandemic.  Due to skyrocketing demand in recent months, shortages of PPE have led to a mini-boom industry for suppliers and buyers alike.  Despite the growth in this sector, PPE commercial transactions do involve significant …

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ppe trademark

USPTO Gives Priority to PPE Trademarks

The COVID-19 pandemic has drastically transformed the operations of many businesses and some have responded by altering their ordinary production operations to fill the demand for personal protective equipment (“PPE”). As a result, the United States Patent and Trademark Organization (“USPTO”) has seen an increase in trademark applications for COVID-19-related medical goods and services. In …

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cbd trademark

TTAB Prohibits Registration of CBD Trademark

Getting a CBD trademark is not as easy as one would think. In 2015, Stanley Brothers Social Enterprises, LLC (“Stanley Brothers”) applied for registration of the mark CW (the “Mark”) with the United States Patent and Trademark Office (“USPTO”), for “hemp oil extracts sold as an integral component of dietary and nutritional supplements.” The USPTO …

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