News & Analysis as of

Brand Trademarks

Comic Con (TM)

by Winthrop & Weinstine, P.A. on

The term Comic Con has become synonymous with a certain culture. In recent years, comic book conventions (and comic book culture), have become increasingly popular. Annual comic book conventions are held in major cities...more

Six Key Trademark Filing and Protection Strategies for Canada in 2018

by Smart & Biggar on

As 2017 draws to a close and we begin to look forward to the new year, the countdown to the implementation of Canada’s new trademark law begins in earnest. Announced in 2014, Canada’s Bill C-31 is expected to be implemented...more

Being your Best Brand: A Lesson from the Luxury Market

by Womble Bond Dickinson on

Becoming, and staying, a great brand is rife with challenges and the need to protect and enforce a brand is never ending. This is especially true in the luxury world, where brands are constantly challenged by counterfeit...more

John Deere: These Colors Don’t Run

by Winthrop & Weinstine, P.A. on

Growing up with a farm in the family, I learned early on that Nothing Runs Like Deere®. As people tend to do, we named all of the tractors – after Masters of the Universe characters, of course. There was a front-loader...more

When Names become Brand Names

by Winthrop & Weinstine, P.A. on

Naming things is a fundamentally personal, human act that sometimes – in a profession all about brand names – we take for granted. It’s easy to forget when we are clearing, registering, and protecting names, that at a basic...more

A Thanksgiving of Patentable Nuts and Vintage Nutcrackers

No, this post is not about the Thanksgiving antics of eccentric relatives. Rather, it describes patented varieties of almonds, walnuts and pecans they may crack open with vintage nutcrackers—making a gleeful mess before...more

Trademark Licensee Cannot Claim Priority Based on Brand-Owner’s Pre-License Common-Law Rights

On September 8, 2017, the TTAB held that, absent ownership rights, a trademark licensee cannot establish priority based on a licensor’s use of the mark prior to the date of the license. Pro Boxing Supplies, Inc. owns a...more

Part 2: Let’s Get Digital – Building and Protecting Your Food & Beverage Brand

by Davis Wright Tremaine LLP on

Last week, we hosted the first session of a three-part workshop series with Oregon Entrepreneurs Network (OEN) entitled “Recipe For Success—Starting and Scaling Your Food & Beverage Business.” Session #1 focused on building...more

Legal Issues Within The Beverage Industry

Jeff Stover, an intellectual property attorney with Haynsworth Sinkler Boyd, recently spoke at BevCon Charleston, a conference solely focused on the beverage industry. While most of us see the fun side of the beverage...more

Accidental Franchise = Potential Lawsuits, Fines + Other Penalties

by Lewitt Hackman on

Business owners looking to expand may leave themselves vulnerable to several obvious losses, including those related to finance, brand identity, and customer loyalty. Resources, including exemplary human resources, are...more

What Are You Thinking, Coke Zero?

The above advertising billboard is plastered all over the Twin Cities at the moment, and it got me thinking, so here I am, once again, writing about Coke Zero, remember this can?...more

“Hook and Loop” Meet Chutes and Ladders

Nearly everyone in the IP community is talking about the hilarious viral Velcro music video released last week. Hat tip to Patently-O, Martha, and Brett...more

No Free Ride for Copycat Perfume Company – Fair Use Rejected, False Advertising Found, Accounting of Profits Awarded

by Dorsey & Whitney LLP on

Well-known perfume marketer Coty Inc. had a big win in New York federal district court, obtaining injunctive relief and $6.5 million dollars in an accounting of profits from copycat perfume seller Excell Brands, LLC. In an...more

Wine And Spirits Are not Always Confusingly Similar

by Weintraub Tobin on

Brand litigation can be extreme in the consumer products space and even more so for alcoholic beverages (legal cannabis brand owners take note and start stockpiling your war chest). It’s not uncommon for litigation to arise...more

Is Comic-Con The Victim Of Genericide?

by Fox Rothschild LLP on

A federal judge in San Diego has cleared for trial a case that may strip San Diego Comic-Con from trademark protection. First, some background. Even a registered trademark such as Comic-Con can lose protection if it...more

Are pretzel crisps crumbling into genericness?

Marketing types and legal types who review labels, be well advised to choose words used carefully. In other words, if you believe you own rights in Pretzel Crisps as a trademark, it’s not wise to use the number of...more

Why Your Company Name Matters –The Right Name Accelerates Growth And Saves You Marketing Costs When Every Dollar Matters

by Fox Rothschild LLP on

Is your startup brand so strong that consumers tattoo the logo on their arm? Or so hard to pronounce that investors, vendors and customers are disinclined to do business with you? According to a study published in the...more

Branding Life

Almost anything that catches the public’s attention for more than a few minutes ends up as the subject of a trademark application by someone trying to capitalize on the moment and own a piece of the public discourse. So it...more

Trademarks in the World of Golf - How In-House Counsel and Company Owners in the Golf Industry Can Take Stock of Their Game

by Nexsen Pruet, PLLC on

Many of us golfers spent last weekend watching the PGA Championship at Quail Hollow. I was fortunate to be out on the course for Tuesday’s practice round where, in the early morning rain, I followed Justin Thomas as he...more

Client Alert: New Amazon Brand Registry Released - A Tool for Brand Protection

It’s not uncommon for businesses to feel frustrated in trying to protect their products/brands on Amazon from trademark infringers. Many believe that there’s a lack of control over their product listings, and that third...more

Titleist Trademark Tarnishment?

During today’s first round of the Open Championship at Royal Birkdale, many a golf ball bearing the famous TITLEIST cursive script will be lofted into the heavens – meanwhile, back on the ground, the brand’s owner is...more

China's OEM jurisprudence 1.5 years after the Pretul case: OEM use may still infringe upon Chinese trademarks

by Hogan Lovells on

OEM is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China,...more

The End Times for Brands?

Several years ago I wrote a post about Selfridges’ “No Noise” campaign, featuring de-branded from brands like Heinz, Clinique, and Levi’s. In that post, I asked whether de-branded design would soon become a new trend....more

Trick or Trademark? Mars Says Hershey’s Can’t Own “SCARY” Candy.

Sandwiched between 90 degree days in a Minnesota summer, the idea of Halloween wasn’t on my radar – until I learned about the latest dispute between candy giants Mars and Hershey’s....more

Google Escapes Genericide Claim in Ninth Circuit Decision

On May 16, 2017, the Ninth Circuit rejected a petition for cancellation of the GOOGLE trademark based on a “genericide” theory that claimed Google should lose its trademark protection because the word “google” has become...more

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