News & Analysis as of

All-Star Tips To Avoid Infringement Litigation

Shoes are always in the news. From a fashion standpoint, Nike has made headlines this week, with a re-release of the Classic Cortez running shoe (aka, the Forrest Gump shoe) along with the second edition of the LeBronald...more

Use it or Lose It: Abandoning Your Brand Can Have Dire Consequences

Trademark rights arise out of use in commerce, and can provide protection for your name, brand, and reputation in the community provided, that the marks are continuously used in connection with your goods or services. While...more

Recent Guidance on Geographically Descriptive Trademarks May Help Brand Owners

Brand owners frequently adopt geographic terms to describe the origin or a characteristic of goods, such as NANTUCKET NECTARS for beverages from Nantucket and HYDE PARK for high end apparel. ...more

UDRP Panel Tells Snapchat to Check Itself Regarding Snapchatcheck.com

By now you’ve probably heard of Snapchat. But if you are not among its growing core base of users between 13 and 23 years of age (probably a good deal younger than you, constant reader) there’s a good chance you are not a...more

Brandmarking - Volume 4 Number 1 - February 2015

Good News from Washington (For a Change): Trademark Filings Just Got Cheaper - The old joke is that the three least believable sentences in the English language are: "The check is in the mail," "Of course I’ll...more

Take Down for “Chinatown”?

Famous brand owners, take note: a Turkish artist and designer named Mehmet Gozetlik recently released “Chinatown,” a mesmerizing series of photographs in which neon lights depict famous design marks, with the word mark...more

MarkIt to Market - January 2015

The January issue of Sterne Kessler's MarkIt to MarketTM newsletter comments on the trend of seeking to register popular slogans as trademarks, supplies a template for auditing your trademark rights, and gives an updated list...more

There’s Something About Nutella

First off, hello DuetsBlog! I’m delighted to join Steve and the rest of the team here, and I hope I can add to the excellent content that authors past and present have brought to the site. I’ll start my post with a...more

Generic Top Level Domains - Current Sunrise Periods 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 see our...more

You May Not Be Entitled To Use Your Own Name

Working with several artisan food and alcohol producers as clients, we frequently notice that using one’s own name (first, last, or both) as a brand name in association with one’s goods is very common in these industries....more

New Canadian Trademark Requirements Will Create Challenges, Opportunities For Brand Owners

Beginning in 2015, significant changes to Canadian trademark law likely will go into effect. Because the United States is by far Canada’s most important trading partner, and Canada is the leading destination for U.S. exports,...more

Good(s) Intentions – What's Enough to Establish Bona Fide Intent to Use?

When used effectively, brand and merchandise licensing can increase the value of a brand by extending it into new, relevant product categories and by further monetizing brand equity. And when seeking to protect a brand in...more

Pass the Trademarks Please

Now that Thanksgiving is over, Americans across the country are taking some time to relax, reflect, and digest. I know I will be doing all three, after enjoying a wonderful Thanksgiving Day surrounded by family, friends,...more

The Shiny Bright Red Holiday Star Brand(s)

In the context of the holiday season, what comes to mind when you see a shiny bright red star?...more

Trademarks as a Barometer of Change: A Pop Quiz

Designed to appeal and speak to the customers of a specific time and place, trademarks can become hallmarks of a bygone era. The controversy surrounding the use of the REDSKINS trademark and logo shows just how much...more

What Exactly Is A Trademark?

A trademark is the legal term for what is commonly known as a brand. It is a word, phrase, symbol or design (or any combination of these) that identifies and distinguishes the source of the goods of one party from those of...more

Frozen - An IP Fairy Tale

On this especially cold day in the Northeast, my thoughts are on the coming winter. And winter reminds me of the cold, and of feeling frozen. And the word frozen reminds me of Disney’s Frozen, the highest-grossing animated...more

Oktoberfest Special: Störtebeker, What’s in a Beer Name?

We brand geeks at MarkIt to Market occasionally like to explore the history of interesting trademarks. A recent visit to Germany inspired a look into the history of the Störtebeker beer brand, which derives its name from one...more

Mayhem: Ahem, Metaphorically Speaking

Metaphors are a good choice for trademarks. A metaphor typically requires some thought, imagination or perception to understand the connection between the mark and what’s for sale....more

Fan pages and social media – who shall be blamed?

Internet liability are increasingly tested with the growth of social media. And we receive a large number of requests of advice from clients running a fan page, a group or a list on social networks dedicated to either their...more

Keeping Up With the Kardashian’s Trademark Lawsuit

Whether you love, hate, or are indifferent to the Kardashian franchise, the Kardashian sisters undeniably know how to market and brand themselves and their products. In December 2012, the Kardashian sisters hoped to...more

Brand Experience

The Atlantic’s recent article, Buy Experiences, Not Things, addresses the fact that while, as consumers, we tend to think we want more material things, what really makes us happy are experiences. Anticipating experiences,...more

ICANN’s gTLD Program – A Look Back and Forward

ICANN’s new Generic Top-Level Domain (gTLD) program has been in full swing for over a year now, so it seems an apt time to examine some statistics as to how brands are engaging with new gTLDs, utilizing the Trademark...more

Coca-Cola’s Significant Interest in Zero Marks

Coca-Cola just announced it is introducing Coke Zero in India, which will make it the sub-brand’s 149th market in the world, a truly remarkable reach. As the popular Coke Zero brand is approaching its tenth anniversary...more

International News: Focus on Mining and Metals

In This Issue: - Features ..Investors in Africa Benefit from Regional Trading Blocs ..Understanding the COMESA Merger Control Regime ..Protecting Your UK Business Against Departing...more

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