Brandmarking: Thoughts On The Creation, Protection, And Enforcement Of Brand Identity

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In This Issue:

- Much Ado About YAHOO!

- Lawsuits Can Be Easier to Get Into Than to Get Out Of

- Johnny Football, Inc.

- Excerpt from Johnny Football, Inc.:

It should come as no surprise that Heisman Trophy winner Johnathan Paul “Johnny” Manziel has applied to register his nickname as a trademark. Nor, I suppose, should it come as any surprise to learn that he’s not the only one. A company called Kenneth R. Reynolds Family Investments, LP, has filed an application for the same mark and for many of the same goods.

The Trademark Office has preliminarily refused both applications on various grounds, including a requirement that both applicants provide a statement of consent for use of “the name of a living individual.” Presumably that requirement will be easier for the real “Johnny Football” to satisfy...

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