News & Analysis as of

Brand Trademarks

Are pretzel crisps crumbling into genericness?

Marketing types and legal types who review labels, be well advised to choose words used carefully. In other words, if you believe you own rights in Pretzel Crisps as a trademark, it’s not wise to use the number of...more

Why Your Company Name Matters –The Right Name Accelerates Growth And Saves You Marketing Costs When Every Dollar Matters

by Fox Rothschild LLP on

Is your startup brand so strong that consumers tattoo the logo on their arm? Or so hard to pronounce that investors, vendors and customers are disinclined to do business with you? According to a study published in the...more

Branding Life

Almost anything that catches the public’s attention for more than a few minutes ends up as the subject of a trademark application by someone trying to capitalize on the moment and own a piece of the public discourse. So it...more

Trademarks in the World of Golf - How In-House Counsel and Company Owners in the Golf Industry Can Take Stock of Their Game

by Nexsen Pruet, PLLC on

Many of us golfers spent last weekend watching the PGA Championship at Quail Hollow. I was fortunate to be out on the course for Tuesday’s practice round where, in the early morning rain, I followed Justin Thomas as he...more

Client Alert: New Amazon Brand Registry Released - A Tool for Brand Protection

It’s not uncommon for businesses to feel frustrated in trying to protect their products/brands on Amazon from trademark infringers. Many believe that there’s a lack of control over their product listings, and that third...more

Titleist Trademark Tarnishment?

During today’s first round of the Open Championship at Royal Birkdale, many a golf ball bearing the famous TITLEIST cursive script will be lofted into the heavens – meanwhile, back on the ground, the brand’s owner is...more

China's OEM jurisprudence 1.5 years after the Pretul case: OEM use may still infringe upon Chinese trademarks

by Hogan Lovells on

OEM is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China,...more

The End Times for Brands?

Several years ago I wrote a post about Selfridges’ “No Noise” campaign, featuring de-branded from brands like Heinz, Clinique, and Levi’s. In that post, I asked whether de-branded design would soon become a new trend....more

Trick or Trademark? Mars Says Hershey’s Can’t Own “SCARY” Candy.

Sandwiched between 90 degree days in a Minnesota summer, the idea of Halloween wasn’t on my radar – until I learned about the latest dispute between candy giants Mars and Hershey’s....more

Google Escapes Genericide Claim in Ninth Circuit Decision

On May 16, 2017, the Ninth Circuit rejected a petition for cancellation of the GOOGLE trademark based on a “genericide” theory that claimed Google should lose its trademark protection because the word “google” has become...more

You Get A Golden Ticket! You Get A Golden Ticket!

Now that the Fourth of July has come and gone, the bigger holiday is approaching – at least for Chicagoland expatriates in the Twin Cities. That’s right, next week marks the grand opening of Portillo’s Hot Dogs in Woodbury,...more

Captain Morgan Defeats Admiral Nelson in a Rum Branding Battle

by Bennett Jones LLP on

The victory in the fight between two rum competitors demonstrates that unregistered trade dress rights are alive and well in Canada, admissible survey evidence remains a useful tool for proving confusion, and a competing...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more

Acceptable Identification of Goods/Services

Beef jerky is one of my favorite snacks, so while strolling through the Minneapolis skyway, I captured the above floor-to-ceiling advertisement to tell another trademark story....more

The Top Hits: Fashion Cases with a Big Impact

by Knobbe Martens on

Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

Amazon Brand Registry: What You Need To Know

by Revision Legal on

Amazon recently launched a new, updated Amazon Brand Registry Program, Brand Registry, which helps protects the brands of sellers who use Amazon as a platform to make sales. The whole function and purpose of a brand is so...more

A Multi-Layered Approach to Packaging Protection

by Ladas & Parry LLP on

The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are...more

What’s the Flap Over the Unicorn Frappe?

On May 3, 2017, Montauk Juice Factory Inc. sued Starbucks Corporation in the Eastern District of New York, [1:17-cv-02678] alleging that Starbuck’s “UNICORN FRAPPUCCINO” infringed its “distinctive and famous” UNICORN LATTE. ...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more

No Marijuana in Margaritaville: TTAB Rejects Proposed “Marijuanaville” Mark

by Dorsey & Whitney LLP on

A recent decision in an opposition proceeding before the TTAB demonstrates that the leisure industry is sometimes anything but laid back. Rights holders who may be wasting away in paradise can be roused to action when their...more

3 Top Takeaways: Brands and Their Corporate and Social Responsibility

Marc Lieberstein, Kilpatrick Townsend partner in the New York office, was honored to appear on a panel at the Cardozo School of Law with other leading intellectual property (IP) law practitioners to address “Brands and Their...more

All for Saving the Original Minnesota State Fair Curds, Say Aye, Better Yet . . . #s and @s

When Aaron Keller of Capsule deeply cares about an issue (in a deeply fried kind of way), it’s hard not to stand up, pay attention, and follow instructions, especially when his picture of golden little nuggetized cheese curds...more

Here’s to Calling the Kettle, Brand Too?

The teapot read my post from last week and is not only calling the kettle black, but brand too...more

When is a Duck a Goose, or a Ham a Brand?

Every once in a while, the word “brand” appearing on product packaging surprises me, because my earlier understanding of the word preceding it spells generic, not brand....more

MarkIt to Market® | March 2017

The March 2017 issue of Sterne Kessler's MarkIt to Market® discusses using building signage to support service mark registration, navigating the lifecycle of an eponymous brand, and lists the new gTLD Sunrise...more

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