Our friend Professor Eric Goldman, over at his Technology and Marketing Law Blog, reported earlier this week that the Google trademark has survived a genericness attack by a fellow named David Elliot. Below is a link to Mr....more
More than three months ago, we sounded the alarm about an important trademark case to consider the interplay between the right to register and the right to use a trademark:...more
Last week more allegations of “trademark bullying” appeared in the headlines. This time, Victory Energize, an energy drink company based in Missoula, Montana, is calling out Monster Energy for sending a cease and desist...more
This past weekend one of my sons said, “Dad, I have a good blog topic for you.” After he explained, it was clear, yes, son you do! So, he sent me the photo to the left. It is one that he recently snapped at a place that sells...more
Just so you know, this is not the post I planned to write today. Hat tip to you, Bo!
It has been exactly one year since Bo Muller-Moore — the “Eat More Kale” guy from Vermont — submitted a comprehensive 71-page...more
The possessive form of the Hershey’s brand dates back to at least as early as 1894, according to U.S. Reg. No. 54,041 – a more than 100 year old trademark registration from 1906....more
On Tuesday of this week, we discussed the trademark infringement case filed by Lulu’s Market & Deli against Lulu’s Public House (depicted above), here is a link to a pdf of the Complaint.
As you will recall, we...more
It’s that time of year again, the Minnesota State Fair is here, and trademark issues abound, again....more
The Minnesota History Center is currently promoting its Toys of the ’50s, ’60s and ’70s exhibit — my favorite promotional billboard is the one captured above, featuring none other than Gumby....more
Is photography nowadays really so easy even a monkey can do it?
What about a caveman?
If Wikimedia is right, the caveman would own a copyright in his selfie (or perhaps Geico, under the work for hire doctrine)...more
Remember this little gem on trademark pronunciation from the DuetsBlog archives two years ago?
- Open Wide and Say Ahh: Probing Brand Name & Trademark Pronunciation
Judging from a search of Google, the JD Supra...more
In case you missed SHARKNADO last year, fear not, the sequel SHARKNADO 2 — The Second One, is taking the country by storm, and it is reportedly even better than the first SHARKNADO film. Not having seen either, I’m not sure...more
With the 74th Anniversary of the famous Sturgis Motorcycle Rally less than a week away, it seemed like a good time to check in on recent Harley-Davidson trademark activity at the USPTO....more
Last month, you will recall we wrote about the important difference between the right to register a trademark and the right to use a trademark...more
Continuing our discussion — from yesterday and the day before – about the description of a mark provided to the USPTO during the registration process, the below images from two unrelated federally-registered, non-verbal logos...more
How cool is it to have the MLB All-Star Game and related events, right here in Minneapolis? Very.
As the advertisement shows, Pepsi is playing a large role in the event, as the “Official Soft Drink” of the MLB All-Star...more
A picture is said to say a thousand words, and ironically that is almost literally and exactly true when it comes to Apple’s focus on non-verbal icon branding....more
On this last day of the month, we are shedding almost all seriousness to stand at attention while examining some recent London taxi cab humor — from the perspective of Lloyds Pharmacy – about treating the affliction of...more
In recent months, an increasing number of companies have reported receiving official-looking intellectual property notices and solicitations. These fraudulent solicitations may take the form of invoices, renewal notices, or...more
My father-daughter time was wonderful in London when the news hit about the USPTO ordering cancellation of the six ”Washington Redskins” trademarks as disparaging to Native Americans....more
Shopping with my daughter this past weekend on the Avenue des Champs-Élysées in Paris, on the way to the Arc de triomphe, we spotted this shop selling “I ? Paris” merchandise...more
Lately we’ve been discussing more and more the difference between the right to register a trademark and the right to use a trademark. In many trademark disputes the perfect forum for an amicable resolution is the Trademark...more
Combing through the USPTO’s recently approved non-verbal trademark registrations revealed this little gem with Francis Ford Coppola’s name on the label (but not claimed as part of the mark)...more
Every so often there is a moment when trademark types, marketing types and brand owners need to pay close attention to where the law could be headed. Today, I’m sounding the alarm....more
Let’s suppose you’ve been asked to search and clear the name of a bar, without seeing the design mark in the upper right and lower left hand corners of the photo below (from a recent trip to Boston)...more