Brand

News & Analysis as of

China Supreme Court Has Spoken: Long Anticipated Decision on OEMs and Trademark Use

China has been the factory of the world for the past few decades. Countless foreign brand owners have taken advantage of the low-cost manufacturing environment and have flocked to the middle kingdom to source their goods –...more

Launch of New Generic Top Level Domains .store and .shopping

From time to time, new generic top-level domains (gTLDs) become available for registration. Among the many gTLDs newly available is .store. This gTLD is intended to provide brand owners with a domain that is instantly...more

3 Simple Tools to Help Optimize Your Law Firm’s Website in 2016

Creating a great website that speaks to your audience, is easy to use, and encourages interaction with your brand is no small feat. However, many companies and law firms may not realize that it’s only half the battle due to...more

Million Dollar Martini: How to Shake Up Your Network and Mix Up Big Deals

You’ve taken the traditional marketing routes: ads in the local paper, perhaps a quick spot on the radio or a basic web page. But, how do you mix in that extra ingredient that will put your company on top? What can push your...more

Law à la Mode: Registrations with US Customs; Trademark harmonization across the GCC; and more

One of the frequently noted yet seldom discussed benefits of trademark and copyright registration in the United States is the ability to record those registrations with US Customs and Border Protection (CBP). Recording...more

North Carolina ABC Commission To Hold Meetings to Discuss Rule Revisions

Beginning in May 2016, the North Carolina ABC Commission will hold a series of “informal chat sessions” to discuss needed revisions to the ABC regulations. These sessions are not the public hearings that are required during...more

Yet Another Trademark Based on My?

Love the new bold look of the Mello Yello can, and it’s hard to miss the prominent abbreviation to MY, along with the trademark assertion: This is My World. Actually, as we have written before, there are more than a few...more

EU Retail News - April 2016

Welcome to the first issue of EU Retail News written by members of the Retail Team at Bryan Cave - EU and US: Marketing fitspiration from SoulCycle - SoulCycle has taken the US by storm, with fitness studios...more

The USPTO Says “Yes” But the TTB Says “No” To LSD

Government approval of commercial speech has been a hot topic of discussion by trademark nerds here and elsewhere in light of recent decisions regarding the Redskins and The Slants marks. As those decisions proceed up...more

St. Patrick Parade Isn't Quite Wheezing but It's Time to Think about a Rescue Plan

The official celebration of St. Patrick’s Day in Boston came mercifully to a close with the parade on Sunday, March 20, 2016 in Southie. What, if anything, will halt the forces transforming South Boston (and other parts...more

UPS: Word, Acronym or Initialism Trademark?

Life is full of ups and downs. The world of trademarks often tends to mirror life. Yet, for the time being, the USPTO currently recognizes only one brand and mark as living solely on ups...more

Starlet Marketing, Patenting and Branding of the California Artichoke

How do you tempt someone to trim, steam (or boil) artichokes and scrape spiny artichoke leaves with their front teeth? Here’s an easy answer. Crown a newly minted Marilyn Monroe as Castroville’s first Artichoke Queen in...more

On Protecting “My Pillow” as Your Trademark: They Say, When You Make Your Bed, You Might Just End Up Sleeping in It

We had some great questions from the audience during the Mastering U.S. Trademark Registration Practice seminar in Minneapolis a few weeks ago. During the session on genericness, someone asked about MyPillow, expressing...more

Yes, No, and the Ever Confusing Maybe . . .

Yes and no are at opposite ends of the spectrum. North Pole, South Pole. Night and day. Win, loss. Black, white. Available, unavailable. Protectable, unprotectable. Infringing, non-infringing. They represent a binary...more

Zombie Trademarks - When is a "Dead" Mark Really Alive, and Able to Bite?

Earlier this month, Macy's won a ruling against a company that revives out-of-use, but well-known brands. Strategic Marks LLC is in the business of reviving abandoned brands, sometimes referred to as "zombie" brands, using...more

Make “Trademark” Great Again: No More Verbing!

In the media, misstatements and misunderstandings of trademark law are legion. Even the New York Times counts itself among the latest offenders....more

Brandmarking: Taylor Swift’s Excellent Brandmarking Adventure - March 2015 - Volume 4, Number 2

Taylor Swift’s Excellent Brandmarking Adventure - Making a splash is more or less what pop stars and other celebrities do for a living. But not many of them do it by applying for federal trademark registrations....more

Negative Look-For Advertising Statements

Loyal readers know how important look-for advertising can be in making the difference between establishing trademark ownership in the shape or configuration of a product, and being left with nothing but a goose egg (as...more

In Marketing, when you have the facts, USE them: A brand and website overhaul for a 300-win trial law firm

SHARE: The Howard Law Group is a national business and civil litigation firm, handling some of the nation’s biggest, ugliest, and most-complicated bet-the-company lawsuits. They’re a dynamic, effective trial law firm....more

4 Types of IP Your Startup Must Protect

Intellectual Property (IP) is often an early stage venture’s most valuable asset. But who really “owns” the IP a startup uses? In many cases the answer isn’t clear, and problems frequently aren’t identified until an investor...more

How Many Ways Can a Trademark Be, Cool?

To the extent you’re also all about brands and trademarks, and you imagine a trademark story with each brand you might encounter, I suppose there are an infinite number of ways, right?...more

Star Wars: The Missing Fanfare

A bit belated, but I finally caught a screening of Star Wars: The Force Awakens. Unbeknownst to me, the film was missing a part of the Star Wars experience many fans hold dear. And it’s all about branding....more

Trademarks: How to protect your brand legally

Among the first and most valuable assets owned by a start-up is its brand name. Your brand name is your reputation. It identifies your products to consumers and differentiates you from others in the marketplace....more

New Year’s Resolution for a BRAND New Year

A new year is upon us, and we suggest that trademark owners make it a brand new year, by resolving to use their marks correctly going forward. Proper trademark use is important to creating and maintaining trademark rights,...more

Naming Products and Services With Brands?

Word to the wise, not the best idea to name a product or service by using another’s brand. So, when Duke’s Seafood & Rib Shack restaurant wants to create a name for their bar, permission would be required to use the...more

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