News & Analysis as of

DICKMAN’S Pickles: Just Another Unregistrable Surname

The US Trademark Trial and Appeal Board has, again, explained how and when surnames may function as trademarks. In re Enumclaw Farms LLC, Application Serial No. 85942195 (TTAB June 24, 2016). ...more

What’s in a Name?

As Juliet stated to Romeo in Shakespeare’s tale of star crossed lovers, “What’s in a name? That which we call a rose. By any other name would smell as sweet.” Her statement emphasizes her love for Romeo as an individual, not...more

Pennsylvania Superior Court Denies Father's Petition To Change His Son's Last Name To Match His Own

In a November 2015 binding opinion, the Pennsylvania Superior Court entered an order denying father's request to change his three year old son's last name to match his own. The Superior Court also denied father's alternative...more

Notes for New Nuptials

When you make your wedding checklist, perhaps at the bottom you should consider how your marriage will affect your income taxes....more

A Distinctive Fourth of July: Fireworks and Historical Figure Trademarks

Unless you are Charlemagne or Julius Caesar, you would probably have trouble registering your name as a trademark. This is because personal names are not generally considered to be inherently distinctive enough to qualify...more

Trademark Review - Volume 3 | Issue 6 June 2013

In This Issue: • Ron Paul’s Complaint to Regain Constitutes Reverse Domain Hijacking • MOTT’s for Baby Food Is Considered Primarily Merely a Surname • Company Uses More than Is Reasonably...more

More About Trademark Surnames: The Borghese Dispute

Right on the heels of our surname blog comes a New York Times article on a long-running trademark litigation over rights to the Borghese surname. The Borgheses hail from an Italian noble family and their using the family...more

Why Can’t I Use My Own Name?: Trademarks and Surnames

There are many “myths” that float about in the general public about what can and cannot function as a trademark. For example, people often tell me that they “know” that “common words” can never be protected as trademarks....more

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