Surnames

News & Analysis as of

The Designer Formerly Known As…Intellectual Property Issues Arising From Personal Names As Fashion Brands

Kate Spade, Paul Frank, Joseph Abboud, Catherine Malandrino, and Karen Millen—aside from being well-known designers, all have something else in common; they no longer own the right to use their personal names as their brands....more

A Trademark By Any Other Name…

The Lanham Act prohibits registration on the Principal Register of a mark that is “primarily merely a surname” unless an applicant can show that the mark has acquired secondary meaning such that consumers perceive the surname...more

What's in a Name?: An Overview of the TTAB's Recent Surname Decisions

Barr. Aldecoa. Hechter. Adlon. Kepler. Butterfields. What do these words have in common, you may ask? They were all recently found to be "primarily merely a surname," and refused registration by the Trademark Trial and Appeal...more

MarkIt to Market® | January 2017

The January 2017 issue of Sterne Kessler's MarkIt to Market® includes an overview of the TTAB's recent surname decisions, the changes made by the USPTO to their trademark processing and services fees, and lists the new gTLD...more

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 RonPaul.org 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

12 Results
|
View per page
Page: of 1
Popular Topics

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×