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Trademarks › Hashtags

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 -
Dorsey & Whitney LLP

When is Rebranding a $4 Billion Mistake? Time Will Tell With Twitter’s Decline

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The small blue bird adorning nearly every company’s social media section. The verbiage “tweet” and “retweet” working their way into the fabric of modern language. The creation of character-limited, short-form posts as a new...more

Dorsey & Whitney LLP

Hashtag or Pound? One Law Firm’s Quest to Trademark #law

Dorsey & Whitney LLP on

How would you pronounce #law? Is it “hashtag law,” as the PTO examiner suggested would be the most common understanding, or “pound law,” as alleged by the unsuccessful registrant of #law as a service mark. And to what does it...more

McDermott Will & Emery

Press # For Options, but Not for a Trademark Registration

McDermott Will & Emery on

In a precedential opinion addressing the most fundamental requirement for trademark protection, the Trademark Trial & Appeal Board (Board) affirmed the US Patent & Trademark Office’s (PTO) refusal to register a “#” based mark...more

Pillsbury - Internet & Social Media Law Blog

False Advertising, Trademark Infringement and TOS: Three Common Hashtagging Mistakes for Companies to Avoid

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When the first social media hashtag was used in 2007, users had no idea how ubiquitous hashtags would become. Today, hashtags are an essential part of our lives (and a subject we’ve been writing about for years). From...more

Morrison & Foerster LLP - Social Media

Trademarks as hashtags; influencer sues company allegedly depicting him in an ad; new uses for AI technology

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A federal district court in California has added to the small body of case law addressing whether it’s permissible for one party to use another party’s trademark as a hashtag. The court held that, for several reasons, the 9th...more

Manatt, Phelps & Phillips, LLP

#Trademark Infringement, California Court Rules

Manatt, Phelps & Phillips, LLP on

Considering the defendant’s use of the plaintiff’s trademarks in hashtags and other social media posts, a California federal court granted a preliminary injunction to halt the use....more

Hogan Lovells

N.D. California Straightens Out Competitor’s Use of Infringing Hashtags: #newdevelopments in Using Trademarks as Hashtags

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The Northern District of California recently released an order that sheds new light on how courts grapple with the constantly-increasing use of trademarks as hashtags....more

Pillsbury - Internet & Social Media Law Blog

Hashing Out the Differences: Hashtag-Powered Promotion or Trademark Infringement?

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In today’s world, most businesses use hashtags to boost their brand awareness and products and services on social media platforms such as Twitter, Facebook, Instagram and LinkedIn....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2018: #NOPOWER? will.i.am's Hashtag Problems

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

In a recent precedential decision, the U.S. Trademark Trial and Appeal Board (“Board”) confirmed that a hashtag symbol (#) generally adds little or no source-indicating distinctiveness to a trademark. In this case, rapper...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2018

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The August 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses requirements for registering a scent mark, the U.S. Trademark Trial and Appeal Board's confirmation on whether hashtags add distinctiveness to a...more

Akerman LLP - Marks, Works & Secrets

Hashtag Is Not Enough to Save Another will.i.am Trademark Application

Akerman LLP - Marks, Works & Secrets on

William Adams is a musical performer who is more famously known by his stage name, will.i.am. A recent ruling from the United States Patent and Trademark Office, Trademark Trial and Appeal Board, unfortunately makes him a...more

Baker Donelson

#Hashtag #Valuable Asset

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As the explosion in popularity of various social media outlets continues, new norms are increasingly clear: once-descriptive social media hashtags and Twitter handles are now valuable assets that we associate with specific...more

Buchalter

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Buchalter on

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

Butler Snow LLP

The Water in Rio Isn’t the Only Thing to Worry About – So Are Olympic Hashtags

Butler Snow LLP on

Social media is buzzing with Olympic hashtags, particularly #Rio2016 and #TeamUSA. But the U.S. Olympic Committee (USOC) is cracking down on hashtag use by companies without Olympic sponsorship deals, calling it “ambush...more

Morrison & Foerster LLP - Social Media

#Trademarks?: Hashtags as Trademarks Revisited

Morrison & Foerster LLP - Social Media on

Since our previous article on the emerging issue of trademark rights in hashtags, the use of hashtags in social media marketing has continued to grow. Described as the “ignition keys to a social media keyword search,”...more

Bryan Cave Leighton Paisner

EU Retail News - April 2016

Bryan Cave Leighton Paisner on

Welcome to the first issue of EU Retail News written by members of the Retail Team at Bryan Cave - EU and US: Marketing fitspiration from SoulCycle - SoulCycle has taken the US by storm, with fitness studios...more

King & Spalding

Intellectual Property Newsletter - September/October 2015

King & Spalding on

PTAB Update on Inter Partes Review - On August 19, 2015, the Director of the USPTO released a blog post reporting on the state of post-grant review proceedings created by the Leahy-Smith America Invents Act of 2011 and...more

Pillsbury - Internet & Social Media Law Blog

The Evolving Role of the Hashtag in Trademark Law

Pillsbury - Internet & Social Media Law Blog on

Oh, the once humble hashtag (or pound sign, number sign, octothorpe, etc.). For so long a symbol both ubiquitous and free from controversy, its new life as a go-to signifier of discussions and trending topics on Twitter has...more

Morrison & Foerster LLP - Social Media

Socially Aware - Volume 6, Issue 3 - July/August 2015

Morrison & Foerster LLP - Social Media on

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to MarketTM | June 2015

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In This Issue: - Hashtag Trademarks: #ItsAllAboutTheUse - Upcoming Changes in Canadian Trade Mark Trademark Law - Changes in U.S Certification Mark Requirements - gTLD Sunrise Periods Now Open - The...more

Morrison & Foerster LLP - Social Media

#Trademarks?: Hashtags as Trademarks

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Hashtags have become ubiquitous in social media, but their status as intellectual property—particularly as trademarks—is still developing. First adopted by Twitter users to link user posts, hashtags are character strings...more

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