PODCAST: Williams Mullen's Trending Now: An IP Podcast - Paralegal Insights: A Collaborative Trademark Practice
Podcast: The Briefing by the IP Law Blog - Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?
The Briefing by the IP Law Blog: Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?
The Ska / DuClaw Trademark Dispute Over EUPHORIA, Trademark Lessons for the Craft Brewer
As part of our series on trademarks as critical assets for businesses, this article discusses the importance of selecting and clearing a new or altered trademark for use and registration in the United States. Trademark...more
In the realm of professional associations, establishing a strong and recognizable brand is crucial. Trademarks and service marks are essential tools that not only protect your association's brand but also enhance its...more
Trademarks in the pharmaceutical industry are important not only as part of a company’s intellectual property portfolio, but also as a matter of public health, and obtaining a trademark registration in the pharmaceutical...more
On November 30, 2023, the United States Patent and Trademark Office (USPTO) unveiled a new cloud-based trademark search system. According to the USPTO, the new system will provide a “more stable search environment with a...more
The legal landscape for trademark owners changed significantly in 2023 because in Spireon v. Flex Ltd, 2023 USPQ2d 737, the Court of Appeals for the Federal Circuit flipped the burden of proof for third-party registration...more
A trademark can be any word, name, symbol, or device (such as a logo, picture, slogan, color, shape, sound, etc.), including combinations of these elements. The key function of a trademark is to identify and distinguish the...more
Patent Center is slated to fully replace the legacy EFS-Web system and Private Patent Application Information Retrieval (Private PAIR) tool on November 8, 2023. The USPTO continues to host virtual training events to help...more
There once was a company named Zotz, Which created toys for tots, The newest toy, named Ketter™, Recalled after a cease and desist letter, Oh my, no trademark search, CEO Zotz? First published in Inside magazine,...more
Filing an application for a registered trademark can help protect your business’s branding and unique identity. But the process of filing for a trademark is tedious and time-consuming....more
Business owners will occasionally express a desire to protect their brand without much knowledge as to the purpose of a trademark or the intricacies involved in the trademark application process. What is a...more
In this episode of Trending Now - An IP Podcast, Janet Cho and Elizabeth Davenport provide helpful tips for anyone interested in trademarks and the due diligence process, including search options and the utility of such...more
In a complex merger or acquisition, there are many moving parts. Due diligence of trademark registrations can get lost in the shuffle. But thorough review of brand assets can help avoid pitfalls and maximize the investment. ...more
In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indians' attempt to rebrand as the Cleveland Guardians, and the complications that arose surrounding that...more
In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indian’s attempt to rebrand as the Cleveland Guardians, and the complications that arose surrounding that...more
Using Native American tribal names and symbols as part of popular consumer brands has been an endemic practice within the United States for decades. Popular brands that have appropriated tribal names include Jeep Cherokee,...more
[co-author: Sahar A. Ahmed, Law Clerk] The May 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the USPTO's new Native American Tribal Insignia Database and two recent trademark litigation cases...more
In prior installments of our series on branding considerations and trademark disputes in the beverage alcohol industry, we examined best practices relating to trademark selection and searching to hopefully avoid branding...more
In a non-precedential opinion issued this month, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board affirmed the refusal to register Jos. A. Magnus & Co., LLC’s mark MAGNUS for “whiskey, gin, and...more
Most entrepreneurs have a general understanding that trademarks are good for business. However, many overlook the importance of having a trademark strategy in place. Simply put, a trademark can be a unique combination of...more
Back to Basics: A Primer on Intellectual Property Rights in Video Games - In this series, we discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and...more
Last month, the Pantone Color Institute announced that the color of the year for 2019 is PANTONE® 16-1546 Living Coral. Brand owners have long understood the psychology of color in creating their brand identity. The right...more
When a company is starting up, there are a few legal matters that need to be addressed at an early stage. Trademark clearance and registration need be on the list. The following is an example of a scenario that we see on a...more
There are several grounds upon which an application for a federal trademark can be rejected, and I will discuss a couple of them here. One important ground is known as mere descriptiveness. One is not permitted to register a...more
So you’ve got a brewery or you’re planning to start a brewery, what are the typical issues you worry about? Financing, federal and state licensing, recipe formulation, hop contracts, distribution, employees, mash pH, and a...more
You don’t need to register a trademark to establish and assert trademark rights in the U.S. Merely using a mark commercially so that consumers come to view the mark as an identifying a source is enough to qualify for...more