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Logos

Protecting the Women’s March Brand

Branding a social movement is tricky. Many individuals following (and leading) social movements tend to view IP rights as antithetical to the spirit of the movement itself. Moreover, success in the PTO for these types of...more

Brawling Brands: Beaver Versus Alligator

Who do you think would win in a fight to the death: a beaver or an alligator? Sure, alligators seem scarier. They’re known for sharp teeth and strong jaws. They even have a 1980 horror movie about them called Alligator...more

TTAB Guidance on Disclaimers and Acquired Distinctiveness: “Furniture Warehouse” Must Be Disclaimed, But “American” Need Not

In a precedential decision, the United States Patent and Trademark Office, Trademark Trial and Appeal Board (“TTAB” or the “Board”) affirmed a refusal to register the logo...more

Carvana and Google: Co-Branding Nirvana?

Carvana — online car dealer and operator of “a higher state of car buying” — sports a halo in its non-verbal logo shown above, but is it an angel when using the Google name and logo in t.v. ads?...more

Cannabis Shirt Battle Costs Iowa State Almost $1M

by Dorsey & Whitney LLP on

We previously posted about a four year legal battle that arose from a refusal by Iowa State University to let its school logos be used on t-shirts by an on-campus pro-cannabis group, and the free speech implications of this...more

Fair Enough: The “Fair Use” Defense to Trademark Infringement

by Jaburg Wilk on

In the context of trademarks, “fair use” is the term given to the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of...more

No Foul: “Jumpman” Can Keep Soaring

by Orrick - IP Landscape on

Rentmeester v. Nike, Inc., No. 15-35509, 2018 WL 1055846, at *6 (9th Cir. Feb. 27, 2018) (Judge Paul J. Watford) - On February 27, the Ninth Circuit upheld the dismissal of copyright claims against Nike, Inc. alleging that...more

Update: PayPal v. Pandora Settlement

Last year I posted about the trademark infringement complaint by PayPal against Pandora, based on Pandora’s rebranded “P” logo that was introduced in October 2016. See a comparison below of PayPal’s blue “PP” design mark...more

Creating Buzz Through Creative Brand Management

by Fox Rothschild LLP on

Today is International Women’s Day. As a way to celebrate, McDonald’s has flipped their iconic golden arches upside-down. The arches, one of the most recognizable logos, have been physically flipped in one California location...more

Amazon Smiles With Iconic Non-Verbal Logo?

Yesterday, while on the highway heading to a client meeting, I noticed a truck that looked like this...more

Europe – General Court: Bad faith’s link to likelihood of confusion

by Hogan Lovells on

(Case analysis: T-687/16 – Koton Magazacilik Tekstil Sanayi ve Ticaret AS v EUIPO / Joaquín Nadal Esteban) - Successfully proving bad faith in a cancellation action can be a challenge....more

Chief Wahoo: A Look Back in History

by Fish & Richardson on

February 14 marks an unofficial end to winter because, as baseball fans know, this is the day when pitchers and catch­ers report for spring training. In honor of this happy occasion, and being both baseball fans and trademark...more

EU IP rights enforcement: yet another jurisdiction conundrum heading to Luxembourg

by Hogan Lovells on

The CJEU has just been posed the following questions on the interpretation of Article 97(5) of the EU Trade Mark Regulation ((EC) No. 207/2009) by the English Court of Appeal....more

Cleveland Indians To Discontinue Use Of Chief Wahoo On Player Uniforms; Limited Use Of The Logo To Continue In Order To Preserve...

by Ladas & Parry LLP on

Although the Supreme Court recently ruled that disparaging trademarks are protected by the First Amendment freedom of speech in Matal v. Tam, the Cleveland Indians have announced that they will cease use of their “Chief...more

Cannabis Branding and Free Speech Considerations

by Dorsey & Whitney LLP on

A recent out-of-court settlement following an 8th Circuit decision in Gerlich v. Leath highlights some of the unique legal issues that surround the branding of products in the cannabis space. In 2012, two students at Iowa...more

#GoldMedalEnforcement

Tonight is the start of the 23rd Winter Olympic Games in Pyeongchang, South Korea. For the next month, people will cheer and support their country’s athletes as they engage in physical feats that seem to defy human...more

Starbucks rocks for first time in Luxembourg

by Hogan Lovells on

Judgment of the General Court, 16 January 2018 in case T-398/16, Starbucks Corp. vs EUIPO* In 2014, Starbucks opposed the below EUTM application seeking protection for “services for providing drinks“, services for which...more

Super Bowl Ambush Marketing Games Begin?

We continue to have Super Bowl LII on our minds here in the Twin Cities. It’s hard to avoid thinking about the upcoming “Big Game” with ads like these blanketing our skyway maze...more

Three Point Shot - December 2017

by Proskauer Rose LLP on

Showdown over Mayweather – McGregor Streaming Glitches Knocked out of District Court - All boxing fan Victor Mallh ("Mallh" or "Plaintiff") wanted for the holidays this year was a chance to stand toe-to-toe with...more

Europe: Double victory for Coca-Cola – General Court stops free-riding from outside EU

by Hogan Lovells on

Judgment of 7 December 2017 in Case T-61/16 – The Coca-Cola Company v. EUIPO / Modern Industrial & Trading Investment Co. Ltd (Mitico)) - The General Court confirms that actual commercial use of an EUTM application can...more

Bringing some colour to colour marks: What to consider when protecting abstract colour

by Hogan Lovells on

The colour of a product plays an important role in identifying its commercial origin. For this reason, seeking protection for abstract colour marks is a very valuable asset in trade. ...more

Does Erik Brunetti Have Ford’s Attention Yet?

by Winthrop & Weinstine, P.A. on

Last Friday was a big day for Erik Brunetti. He won his appeal at the CAFC, opening the door to federal trademark registration of his four-letter-word “fuct” clothing and fashion brand name....more

Updates for Tax-Exempt Organizations from the Senate Bill

Early on December 2, 2017, the Senate passed the Tax Cuts and Jobs Act (the “Senate Bill”). This blog entry describes certain provisions of the Senate Bill that would have the most significant impact on the nonprofit...more

"Types" of Protection for Font and Typeface Designs

As a counterpoint to our article last month regarding a copyright infringement and breach of contract lawsuit filed against Target over a computer font program, we provide a brief overview of the options for protecting the IP...more

Beer Brand Battles: David Takes on City Hall (with Goliath on the sidelines)

by Winthrop & Weinstine, P.A. on

The City of Portland is known as a hub for craft beer, and its local government couldn’t be prouder. The Travel Portland website proudly proclaims that Portland is “home to more breweries than any other city on earth.” Yet...more

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