Businesses often come into conflict with other businesses that use identical or similar brands to sell related goods and/or services. This can lead to the refusal of a trademark application by the United States Patent and Trademark Office (“USPTO”) on the basis of a likelihood of confusion, or lengthy litigation with attendant expensive legal fees […]
Want to Coexist with Another Brand? Ask a TM Lawyer How to Do So Read More »
The outbreak of the novel Coronavirus (“COVID-19”) has led to the shuttering of businesses throughout the world. While many of these businesses will be able to open when it is deemed safe by authorities for them to do so, others will be forced to close down forever. For struggling businesses that have registered and/or common
Wondering if Your Trademark has Been Abandoned? Ask a Trademark Lawyer Read More »
VIP Products LLC (“VIP”) designs, markets and sells “Silly Squeakers” dog toys that are often made to humorously resemble well-known beverage containers. In 2013, VIP fashioned the Bad Spaniels Silly Squeaker (“Bad Spaniels”) dog toy to resemble a Jack Daniel’s whiskey bottle and altered the label by: 1) replacing “Jack Daniel’s” with “Bad Spaniels;” 2)
Jack Daniels Chewed Up by Trademark Law Read More »
On January 2, 2020, the Goodyear Tire & Rubber Company (“Goodyear”) and the Illinois-based punk rock band, The Pimps, a/k/a The Good Year Pimps (“The Pimps”), entered into a settlement agreement to resolve allegations that The Pimps: (1) had breached a previous settlement agreement entered into between the parties; (2) were infringing on Goodyear’s trademark
No Pimping: Trademark Law Protects the Goodyear Blimp Read More »
August 29, 2019 On May 24, 2019, Tom Brady’s company, TEB Capital Management, INC. (“TEB”), submitted separate intent-to-use trademark applications for “Tom Terrific” (the “Mark”) in connection with international class 025 for T-shirts and shirts, and international class 016 for collectible trading cards, sports trading cards, posters, and printed photographs, respectively. These applications were refused
Tom Brady’s “Tom Terrific” Trademark Application Sacked by Trademark Law Read More »
July 18, 2019 In April, the St. Louis Blues (the “Blues”) hockey team made an improbable run from being dead-last in the standings in January, to winning the National Hockey League’s (“NHL”) Stanley Cup Final at season’s end. Throughout that run, Laura Branigan’s 1982 disco hit “Gloria” became the Blues signature song used to celebrate
A Different Kind of Hockey Fight: Does Trademark Law Protect “Play Gloria”? Read More »
June 27, 2019 On June 24, 2019, in a 6-3 decision, the United States Supreme Court ruled that barring the registration of the trademark “Fuct” would infringe upon the applicant’s First Amendment rights. In 2011, Mr. Erik Brunetti (“Applicant”) applied to register the word mark “Fuct,” an acronym that (he maintains) was derived from the
FUCT?: Trademark Law Ruling Will Protect Certain Immoral and/or Scandalous Marks Read More »
May 8, 2019 To date, the United States Patent and Trademark Office (“PTO”) has refused registration for cannabis and derivative products on the basis that such goods were unlawful for use under federal law. The passage of the Farm Bill, on December 20, 2018, removed hemp from the Controlled Substances List and gave states the
USPTO Provides Clarity on CBD Trademark Applications Read More »
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