News & Analysis as of

That Yo-Yo is actually a Yo-Yo™ — Generic Trademarks

There is a recent magazine ad by Xerox Corporation showing consumer goods by picture only, and the products were instantly identifiable by their popular names: a thermos, an escalator, a trampoline, and a yo-yo. Xerox...more

Skee The People: Bar games, brewskies, and trademark disputes

In addition of course to good beer and good friends, a good bar for me is defined by a good game: photo hunt (the NSFW version) and foosball at Murphy’s, bar olympics at Steny’s (where I dominated at the tricycle races),...more

Trademark Review - The Miners, Boi Na Braza and Pretzel Crisps (April 2014)

Battle of the Miners - The University of Texas at El Paso (“UTEP”) has used the nickname MINERS since at least 1914. UTEP, through its governing board, owns several registrations for the mark MINERS and a logo for...more

Trademark Review - Stacked Wine, SUPERJAWS and Subway (October 2013)

The Downfall of a “Stacked” Wine - Stacked Wines, LLC makes individually-packaged glasses of wine that vertically stack to form one full bottle of wine. Stacked Wines sought to register the mark STACKED in the...more

Not All Trademarks Are Created Equal

When it comes time to choose a name for the new product or service you are launching, it is important to know that not all trademarks are created equal. In addition to the marketing considerations of choosing a brand name,...more

A Picture is Worth a Thousand Words

We continue to anxiously await the Trademark Trial and Appeal Board’s decision in Frito-Lay North America, Inc. v. Princeton Vanguard, LLC, especially given the Board’s recent genericness ruling in Sheetz of Delaware, Inc. v....more

Millions of False TM Notices to Remove?

A hot dog is a type of sandwich, and “footlong” denotes a type, category, or class of sandwiches (those measuring about a foot in length), making ”footlong” a generic term and part of the public domain – incapable of serving...more

Anatomy of a Trademark Warning Ad

For those attending the HOW Design Live Conference in San Fransisco, you may have noticed the inside cover of HOW’s Special Issue on Interactive Design and Typography, most likely penned by a nervous trademark type...more

Trademark Series: Protecting your mark from becoming generic [Video]

Joe Villapol and Ralph Cathcart, partners at Ladas & Parry LLP, discuss strategies to prevent your mark from becoming generic....more

Trademark Review - Volume 3 | Issue 5 - May 2013

In This Issue: • In-N-Out Loses its Opposition Against In & Out Car Wash • Did Tiffany Catch Costco Red-Handed or Is “TIFFANY” Generic for Ring Settings? • RED GOLD® Is Revived on Appeal After Being Declared...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Tiffany & Co. v. Costco...

TIFFANY diamond engagement rings enjoy worldwide fame and recognition as the quintessential engagement ring. In 1886, Tiffany created the famous Tiffany setting, a simple six-prong open symmetrical arrangement that elevates...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2

In This Issue: Comments on New AIA Rules; Implementing the New Micro Entity Status at the U.S. Patent Office; Obama Administration Focuses on Chinese Trade Secret Misappropriation; and Tiffany & Co. v. Costco Wholesale...more

Putt-Putt Has No Miniature Trademark Rights

With all the golf coverage of the Masters Tournament and the coveted Green Jacket, this past weekend, it seemed particularly appropriate to report on a recent trademark case involving the miniature variety of golf: Putt-Putt,...more

The Soft Underbelly of Turtles Candy: Is the U.S. Trademark at Risk of Genericide?

It has been a while since we’ve added another page to the Genericide Watch, so a little trip to Candyland, the Twin Cities’ local iconic and old fashioned candy shop, didn’t disappoint...more

Trademark Formats and Protectability

An illustrated outline of the various types of trademarks and trade dress and the rules applicable to their protectability requirements....more

An APP STORE by Any Other Name Would Still Smell Like Apples

I use a well-publicized decision to teach some important concepts about intellectual property law to non-specialists. The idea is that non-specialists, even non-lawyers, would benefit from this basic knowledge, even if they...more

16 Results
|
View per page
Page: of 1