Brand Trademarks

News & Analysis as of

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

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

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

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

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

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

Why Early Trademark Filing Is Crucial In China

A recent trademark ruling in China has underscored the importance of early filing of trademark applications – for both the brand names themselves, as well as the Chinese versions of the brand names (i.e., the brand’s phonetic...more

Who Decides What Your Brand’s Worth?

On this Cyber Monday, I’m left wondering, will we ever have a day when the metrics and automated tools available are so accurate and reliable that intangible assets like brands (and trademarks) regularly will be valued,...more

Tissue Tussles at the Trademark Office

Each of the seasons has its own soundtrack to signal its transition. Spring is symbolized by the chirping of robins and sparrows. The sound of the grill and the splashing in the pool announces the arrival of Summer....more

Amazon Wins Ruling on Results for Searches on Brands It Doesn’t Sell

On October 21, 2015, the Ninth Circuit ruled that online retailer Amazon does not violate the Lanham Act when, in response to a search for a brand it doesn’t sell, it returns a results page that fails to disclose that fact...more

Law A' La Mode - Issue 17 October 2015

The Netherlands editorial team is delighted to bring you the 17th edition of Law a` la Mode, the quarterly legal magazine produced by DLA Piper’s Fashion, Retail and Design group for clients and contacts of the firm...more

Does Trump Own “Make America Great Again?”

As I frequently mention in my articles, trademark law is a much more prevalent part of the average person’s life than they realize. We are surrounded by the trademarks of numerous companies every time that we step outside, or...more

Brandmarking - Volume 4, Number 3 - October 2015

Eight Things Every Entrepreneur Needs to Know About Creating and Protecting Brand Identity - First in a series. Every entrepreneur knows the importance of establishing a strong brand for a new business or product...more

Ads Touting Function Shoot Down Trademark

This isn’t the first time we’ve written about brand owners who shoot themselves in the foot with their advertising. And, I’m sure it won’t be the last. As we’ve discussed before, touting the function of a product design...more

When Brands Get Personal, Do They Lose Their Identity?

Marketing has always been an exercise in getting consumers to make a connection with a brand. As our friend Seth Godin once said “Marketing is no longer about the stuff that you make, but the story that you tell.” With the...more

Conflicting State and Federal Laws May Result in Crippling Blows to Business in the Marijuana Industry

As of October 2015, four states have legalized marijuana for recreational use: Alaska, Colorado, Oregon and Washington. The recreational marijuana movement—although slow in terms of states following by legalizing use—has had...more

Common IP pitfalls every business can avoid

As a business owner or manager, you have probably experienced or at least heard about costly and disruptive intellectual property infringement lawsuits. You may also be very concerned about protecting your company’s customer...more

Blog: Maintaining Control of Your Brand Among 1,200 New gTLDs

The authors of every successful business strategy know that a company must protect its trade marks and its brand from the outset. The primary means of doing so is to register trade marks in each of the territories in which...more

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