Trademarks Advertising

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
News & Analysis as of

Parody Or Rip Off?: Don Henley Won’t Take It Easy

Former Eagles drummer and co-lead singer Don Henley has just agreed to settle a lawsuit that he filed against Duluth Trading Co., the clothing retailer best known for its goofy cartoon ads on television. ...more

The Dark Knight, Black Panthers, Ghosts and Ginger Rogers: Increasing Protection for Use of Trademarks in Promotions for...

Content creators of all stripes strive for realism in their depictions of the world. This is for good reason – media is more effective, and more immersive, when viewers recognize it as a reflection of the real world. Despite...more

Bringing Down the Bauhaus for Trademarks?

We’ve been spilling a lot of digital ink lately on the topic of non-traditional trademark protection and how the functionality doctrine serves as an absolute bar for such protection. As you know, for some time, we’ve...more

Trademark Review | March 2015

Registration Cancelled Where Services Related to Mark Not Provided - Playdom, Inc. filed a petition to cancel Couture’s mark, arguing that the registration was void because Couture did not use the mark in commerce as of...more

IP Newsflash - March 2015 #3

FEDERAL CIRCUIT CASES - Federal Circuit Reverses $61 Million Judgment Based on Erroneous Claim Construction - Despite the Supreme Court’s recent Teva v. Sandoz decision that factual findings by a district court...more

“March Madness”: Protect Your Business From The NCAA

The NCAA Tournament is here, and many local businesses will want to capitalize on this exciting time for basketball fans by using the well known “March Madness” slogan to advertise March specials. Think twice before your...more

…..and Don’t Even Think About Advertising a MARCH MADNESS Event Either!

It is that time of year again, coming off St. Patrick’s Day celebrations, when everyone gets on the college basketball bandwagon in the season of “MARCH MADNESS.” Brackets are being completed, college jerseys are being pulled...more

Three Point Shot - February 2015

Will Johnny Be Good, or Will Name Games Go up in Flames? Johnny Gaudreau, left wing for the Calgary Flames, is attempting to high-stick potential interlopers by locking up rights to his now-popularized nickname – Johnny...more

Advertising Alone Does Not Demonstrate Use of a Service Mark in Commerce for Purposes of Obtaining a Federal Registration

Here’s a common scenario: Your business has come up with an idea for a new service offering, and you or your marketing department has created the perfect brand for it. Now what? Because you have a great relationship...more

Federal Circuit Confirms That Advertising Services Is Not Use in Commerce

In Couture v. Playdom, Inc., the Federal Circuit held that the use of a mark on a website to offer services is not use in commerce sufficient to support an actual-use service mark application. As a result, the Court affirmed...more

Intellectual Property 2014 Year in Review

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful...more

Court Interprets Quebec French Language Sign Requirements, Trade-mark Exception

A recent, lengthy decision gives interesting guidance on Quebec language legislation as to the rules applicable to the predominance of French, the use of trade-marks on signs and in particular the protection for unregistered...more

Samsung Boards Brandverbing Bandwagon

Samsung appears to be the most recent brand to board the brandverbing bandwagon with its Galaxy Note 4 advertising campaign, asking the critical question: Do You Note? Samsung has federally-registered in the U.S. the...more

Get to the Chopper: A Service Mark on a Helicopter?

When a business uses its trademark in connection with an ordinary billboard advertisement, should it try to register the billboard as another trademark unto itself?  I venture that nearly every trademark attorney would say...more

Protecting Trademarks and the Likelihood of Confusion Factor

A few years ago, I wrote a column addressing a case in which Pom Wonderful LLC sued Coca Cola Company in connection with the marketing of one of its pomegranate-blueberry juice products. That case dealt with whether one of...more

Anticipating Super Bowl L: A Branding Loser?

Now that Super Bowl XLIX is in the rear view mirror, and the New England Patriots have been duly congratulated for winning anything but a Mediocre Bowl, for those of us with no pigskin in the big game this year, it’s time to...more

The NFL’s Super Bowl Trademark Nonsense

It’s that time of year again. Time to tiptoe around and avoid use of or make any reference to the Super Bowl. Whoops. Anyway, we’ve discussed this phenomenon before...more

Henley Is Not Taking It Easy

According to music icon Don Henley, intellectual property rights are not a joking matter....more

Political Ad’s Use of Trademark until Election Day Not Infringement

On October 28, 2014, Judge Paul Grewal of the Northern District of California ruled that a political advocacy website’s confusing use of the mark CHOOSE ENERGY could stay up . . . but perhaps only until election day....more

Appearances Aside, “Something More” Still Needed for Trademark Infringement Liability in Keyword Advertising Cases

Search engine optimization is a vital issue for brand owners. When a potential customer searches online for Company A, a well-known brand, Company A naturally wants its own website to be as high in the search results as...more

HOW To Support a Lawsuit in 140 Characters or Less

It’s not too often that we see a trademark dispute that affects the marketing and advertising community directly (rather than just their clients), but the facts on this one read like answers to the Five W’s...more

Doing Business in Canada

This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...more

Don’t Litter, Eh?

The Toronto Globe and Mail recently reported on a clever anti-littering campaign that was launched and quickly aborted in Toronto due to trademark concerns. The premise for the campaign was to take wrappers and packaging...more

Prior Publication Precludes Coverage for Advertising Injury

In Street Surfing, LLC v. Great American E&S Ins. Co., 752 F.3d 853 (9th Cir. 2014), the court held that the prior publication exclusion precluded coverage to Street Surfing, LLC (“Street Surfing”) for an underlying lawsuit...more

Pepsi Gets Grip on MLB All-Star Extravaganza

How cool is it to have the MLB All-Star Game and related events, right here in Minneapolis? Very. As the advertisement shows, Pepsi is playing a large role in the event, as the “Official Soft Drink” of the MLB All-Star...more

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