Trademarks Brand

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

Why “Hours of Energy Now”?

Tim, after shopping at Costco over the weekend, the reason why the 5-Hour Energy folks seem so interested in owning “Hours of Energy Now” became more apparent...more

Law À La Mode - Issue 13 - April 2014

In This Issue: - PRIVACY BY DESIGN? FASHION FLAIR TRANSFORMS WEARABLE TECHNOLOGIES: The rise of the wearables – and the data protection challenges they bring - EFFECTIVELY DELIVERING IT SERVICES IN THE RETAIL...more

Anticipation . . . But, Heinz is Not Keeping Melinda’s Habanero Ketchup Waiting

Last month Heinz, a brand “synonymous with ketchup throughout the world,” and a seller of “650 million bottles of Heinz ketchup each year,” brought a federal trademark infringement and dilution lawsuit in Texas to enforce...more

Brand Wars: Will the Real Ronald McDonald Please Stand Up (and Eat a Taco Bell Taco on Camera)?

Last week, Taco Bell released a TV commercial featuring real men named Ronald McDonald enjoying Taco Bell’s new breakfast items. This is very creative advertising, but is not for the faint of heart. Using a competitor’s...more

Mark It to Market - March 2014

In This Issue: - MARCH MADNESS - A Reminder - Changes to China's Trademark Law - INTA Annual Meeting - Hong Kong - gTLD Sunrise Periods Now Open - The March issue of Sterne Kessler's Mark It to MarketTM...more

Social Media Fan Accounts: Honoring a Celebrity’s Brand or a Trademark Violation?

Social media has become a powerful marketing tool, allowing celebrities to develop their brands and images with the help of Facebook updates or Tweets that can reach millions of fans at the same time. Given the importance of...more

Genericide: A Silent Killer

Definition: A legal term for gentrification. The historical process whereby a brand name or trademark is transformed through popular usage into a common noun....more

Inventing a Generic Category Name

MillerCoors is currently running this Lite Beer ad, promoting the limited edition original can, and taking credit for inventing the light beer category, way back in 1973....more

Bungle in the Beer Tapper Jungle?

The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois,...more

Are Circuit Courts of Appeals Split as to the Preclusive Impact Accorded to Prior Trademark Trial and Appeal Board Decisions?

Battles between brand owners are frequently fought in the United States in two forums: the Trademark Trial and Appeal Board and federal district court. While the TTAB is limited to determining a party’s right to register...more

1st & Ten at the Super Bowl: The Brand You Probably Don’t Know You Know

The NFL is known as a trademark monetizing machine, and this year’s “POT BOWL” is not without its share of trademarks stories. It was recently reported that running back Marshawn Lynch of the Seahawks makes six-figures (for...more

Thinking About Franchising Your Business?

As a successful business owner or business owner with a new and trendy concept, you probably get approached frequently by people hoping to acquire rights to operate your business “back home.” You are probably flattered by the...more

Here’s Another D-Word

Here is a blast from the past: The D-Word: What Ever You Do, Don’t “Describe” Your Brand! And, here is something a little more recent that I found on a recent business trip to Las Vegas...more

Hey, These Japanese Mushrooms Aren’t Organic: The Ninth Circuit Addresses the Material Difference Standard in Relation to Produce...

The Ninth Circuit recently issued a decision upholding the lower court’s finding at summary judgment that a U.S. importer of branded, gray market mushrooms infringed upon the rights of the U.S. trademark owner. Gray-market...more

Brandmarking: Thoughts On The Creation, Protection, And Enforcement Of Brand Identity - January 2014 • Volume 3, Number 1

In This Issue: - HOW TO WIN THE OLYMPIC GOLD MEDAL IN THE SUPER BOWL OF TRADEMARK INFRINGEMENT: Like any red-blooded American sports fan, the realization that both the Super Bowl and the Winter Olympics are...more

5 Steps To Protect Your Brands in the New gTLD Regime

The time is upon us. After years of anticipation, lobbying for delays and more robust trademark protections, and otherwise steeling themselves against the oncoming tide of new, generic top-level domain names (gTLDs), brand...more

Brandmarking: Thoughts On The Creation, Protection, And Enforcement Of Brand Identity - December 2013 • Volume 2, Number 5

In This Issue: - PAGING MR. CHARBUCKS: Someone once said that the American legal system guarantees every corporation its decade in court. That came true with a vengeance for two corporations whose 12-year-long...more

New Internet Top-Level Domains Unveiled

Website domain names as we know them will look dramatically different now that the menu of Internet domain name suffixes is expanding. The Internet Corporation for Assigned Names and Numbers (ICANN) recently released the...more

Brand Registry Agreement Addendum Published for Public Comment

On December 6, 2013, ICANN posted for public comment a proposal requested by the Brand Registry Group to incorporate a new Specification 13 to the new gTLD Registry Agreement, which would be available to a registry operator...more

Intellectual Property and Technology News - Issue 20, Q4 2013

In This Issue: - CHINA AMENDS TRADEMARK LAW: PRACTICAL IMPLICATIONS FOR BRAND OWNERS - SUPREME COURT CORNER - A CASE FOR COUNTERFEIT TRADE DRESS - MANAGING YOUR IP ACROSS BORDERS - Excerpt...more

Trade Dress Watch: A case for counterfeit trade dress

Can a product which imitates the look and feel of another product, but does not use the trademarked brand name, still be considered a “counterfeit” product under United States law? Owners of popular brands (like Louis Vuitton...more

How To Choose A Strong Mark To Discourage Infringement: Put Some Thought Into Protecting Your Intellectual Property

Your company has just come up with an exciting new product that enables someone to walk and chew gum at the same time! Just imagine all of the potential buyers out there who have been suffering for years from “Can’t Walk and...more

Starbucks Coffee, Burned Again

This past Friday, Starbucks received yet another blow in its 12-year long trademark dispute against Wolfe’s Borough Coffee Inc. The Second Circuit affirmed U.S. District Judge Laura Taylor Swain’s decision and found that...more

LoudTrax & Hodgson Legal: Band Brand

What’s your Band Brand? One of the common questions that artists and bands always ask is, “How can I secure that my band brand so we are the only ones allowed to use that name and protect my logo?” If you end up being the...more

Grading Distinctive Vodka Bottle Trademarks

Last week, Works Design Group highlighted five vodka bottle designs to love. No doubt, a nice collection of very creative work. This stacked ice cube design is my favorite from their set...more

130 Results
|
View per page
Page: of 6