When starting a new business and attempting to stand out from the crowd, it is important for business owners to consider how to go about building a strong brand. An essential part of creating good branding is developing a robust trademark. A trademark is a word, phrase, symbol, or design, or a combination thereof, that […]
A Trademark Lawyer Can Guide you to Obtaining a Strong Trademark Read More »
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 »
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 1, 2019 In Tampa, Florida, two local proprietors are negotiating over the use of “Florida Avenue” in their respective branding. Florida Avenue Brewing Company was the first to use the geographic location in its name and believes that Florida Avenue Eats, located only a mile and a half down the street, will cause consumers
Common Law Trademark Rights in “Florida Avenue” Read More »
April 11, 2019 In February 2019, the US Court of Appeals for the Fourth Circuit affirmed the district court’s summary judgment ruling that found that BOOKING.COM was not generic, but a descriptive mark with acquired distinctiveness. Trademark lawyers are intrigued by the fact that, as pointed out in Judge James Wynn’s dissenting opinion, the decision
Important BOOKING.COM Decision – Trademark Lawyers Take Note Read More »
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