Trademark Archives - Page 2 of 7 - Klein Moynihan Turco

Trademark Law: Online Retailers and Secondary Liability

Blog, Trademark & Copyright Law / David Klein

In the recent Ohio State University v. Redbubble trademark law proceeding, the Sixth Circuit Court of Appeals considered whether online retailers are liable for trademark infringement arising from products that they sell on their sites. The lower court entered summary judgment in favor of Redbubble, an Australian online retailer, and against Ohio State University (OSU). The court […]

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Trademark Infringement: Universities v. Online Retailers

Blog, Trademark & Copyright Law / David Klein

The case captioned Purdue University v. Vintage Brand, LLC is an example of one of the most recent battles in the trademark war between institutions of higher learning and online retailers. In the case at issue, Purdue University alleged that Vintage Brand violated trademark law by selling and manufacturing certain goods (e.g., T-shirts) containing Purdue

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Trademark Consent Agreements - Klein Moynihan Turco LLP

Trademark Consent Agreements: Applying for a Trademark that is Already in Use by Another Party

Blog, Trademark & Copyright Law / David Klein

In July, the Cleveland baseball team announced that it would be changing its name to the “Cleveland Guardians” and submitted a trademark application on an intent to use basis with the United States Patent and Trademark Office (“USPTO”). Apparently, however, the Cleveland Guardians Roller Derby (“Roller Derby”) had already been using the “Cleveland Guardians” mark

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Trademark Classification Changes in 2022 - Klein Moynihan Turco LLP

Trademark Classification Changes for 2022

Blog, Trademark & Copyright Law / David Klein

On October 6, the United States Patent and Trademark Office (USPTO) ruled to incorporate the international trademark classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (“Nice Classification”). The two trademark classification changes will become effective on January 1, 2022. What

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NCAA Braces for New-Age “Madness” Amidst NIL Law Enactment- Klein Moynihan Turco LLP

College Athlete Trademarks: Protecting Student Athletes’ Name, Image, and Likeness Rights

Blog / David Klein

NCAA college athletes should register their athlete trademarks now that they can take advantage of their name, image, and likeness. Registered trademarks provide strong protections for student athletes’ NIL and facilitate future endorsement and sponsorship opportunities. Why can student athletes now trademark their names, images, and likenesses?

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Trademark Infringement: A Kiss of Death?

Blog, Trademark & Copyright Law / David Klein

The proverbial battle of David versus Goliath is currently unfolding in United States District Court for the Northern District of California. The Cookie Department, Inc. (“Cookie Department”), a California cookie maker, is embroiled in trademark litigation with sweets superpower, The Hershey Company (“Hershey Co.”). Both allege that the other has engaged in trademark infringement. The

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Trademark Application Mistakes You Might Be Making

6 Comments / Blog, Trademark & Copyright Law / David Klein

While most people have a general idea of what trademark protection entails, there are several important aspects of trademark law that are often unknown or misunderstood. In this post, we will highlight the benefits of trademark protection and some common missteps taken during the trademark application process.

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How to Trademark a Phrase or Slogan?- Klein Moynihan Turco LLP

How to Trademark a Phrase or Slogan: The Basics

21 Comments / Blog, Trademark & Copyright Law / David Klein

On April 9th, the WWE filed several trademarks for the slogan “Then Now Forever Together,” which was used in the signature opening before the WrestleMania event this past weekend. Readers of this blog may be familiar with other brands that use trademarks to protect symbols that set their businesses apart from the crowd. All this

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