Last week, while I was preparing for and had the unique opportunity of arguing a real, live TTAB final hearing on the merits, outside the TTAB’s typical oral hearing location (because it was selected by the TTAB to be part of...more
This Bo might not have won the Heisman Trophy, he might not have played in the NFL or MLB, he might not have enjoyed a lucrative Nike endorsement deal, and he might not have been named ESPN’s greatest athlete of all time, but...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
When you hang around trademark disputes long enough you start to see patterns, at least, at the ends of the spectrum (or not).
We have spilled much digital ink over allegations of “trademark bullying” — something that...more
One of the unfortunate aspects of trademark practice is the permission that exists in the law to challenge the motives and intentions of people.
Unfortunate, because this permission is frequently abused, especially by...more
Sophisticated trademark owners recognize that their trademark rights are dynamic — even if their trademarks aren’t famous for purposes of dilution – they can grow or shrink over time, depending on the magnitude of their own...more
As Chick-fil-A enters the Twin Cities market, it has begun another creative billboard campaign touting the “End of Burgerz — Koming Soon,” with no sign of the “Eat Mor Chikin” campaign, as of yet anyway. Bo Muller-Moore of...more
This past week I’ve been pondering a question of great importance: When might a straitjacket double as a life vest? The answer actually arrived last Monday during INTA’s “The Ethics of Trademark Bullying” panel discussion at...more
Minnesota is positioned once again to take legislative ownership of the ”trademark bullying” debate. Putting aside the serious questions of whether new laws are needed and whether a state as opposed to a federal solution can...more
Techdirt has written extensively about why Monster Cable is considered ”somewhat famous as a trademark bully.” Numerous comments to a TTABlog post reinforce this view....more
As many have written about before me, the NFL is quite protective of its rights in the SUPER BOWL trademark, so much so that some think it has earned the pejorative ”trademark bully” label, so I spilled a little digital ink...more
Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants...more