trademark law

trademark law

Jack Daniels Chewed Up by Trademark Law

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) …

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trademark office actions

Responding to Trademark Office Actions

Approximately three (3) months after submitting a trademark application to the United States Patent and Trademark Office (“USPTO”), the application will be assigned to an Examining Attorney. The Examining Attorney will review the application for any administrative or substantive issues and deliver an “office action” if there are any such issues. If no issues with …

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No Pimping: Trademark Law Protects the Goodyear Blimp

No Pimping: Trademark Law Protects the Goodyear Blimp

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 …

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Tom Brady’s “Tom Terrific” Trademark Application Sacked by Trademark Law

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 …

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A Different Kind of Hockey Fight: Does Trademark Law Protect “Play Gloria”?

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 …

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FUCT?: Trademark Law Ruling Will Protect Certain Immoral and/or Scandalous Marks

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 …

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Girl Scouts Involved in Trademark Law Dispute with Rebranded Boy Scouts

November 9, 2018 On November 6, 2018, the Girl Scouts of the United States of America (“GSUSA”) filed a complaint against the Boy Scouts of America (“BSA”) in the Southern District of New York for trademark infringement, unfair competition and trademark dilution. GSUSA has been in operation for over 106 years and is currently serving …

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