News & Analysis as of

Logos Trademarks

"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

Is it Pretty? Will H&M Assert a “Classixx” Ornamental Defense to Claims of Trademark Infringement?

by Knobbe Martens on

On October 19, 2017 Hush Hush Sound Inc, Michael David, and Tyler Blake (collectively “Plaintiffs”) also known as the Electronic dance music duo “Classixx” filed suit in the District Court for the Central District of...more

E-Sports Trademark Updates: MLB, Blizzard, ELEAGUE, and adidas

by Winthrop & Weinstine, P.A. on

With the growing popularity of e-sports (multiplayer video-game sports competitions, often played by professional gamers for spectators–also stylized “eSports”), I’ve seen an increasing number of trademark disputes not only...more

An Iowa Rivalry Mixes Football, Farming, and Trademark Disputes

It sure feels like fall already. Apart from the fifty degree walk with my dog this morning, we’re now entering the second week of college football. Regular readers might have noticed that our blog has a couple of Iowa Hawkeye...more

EU Retail News - July 2017

by Bryan Cave on

On 18 July 2017, the UK's Advertising Standards Authority ("ASA") published a new report which calls for an end to gender stereotyping in advertising. The report comes at the end of an investigation into this issue, during...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

Tea Rose, Swiss Cheese and Slam Dunk Evidence of Infringement – The 9th Circuit Weighs in on Remote Geographic Trademark Users

by Dorsey & Whitney LLP on

When two different companies adopt confusingly similar trademarks and use them in different parts of the United States, complications ensue. The adjudication of the respective rights of the parties will depend on the...more

United Airlines Grounds Complaint Website

by Bennett Jones LLP on

A joke does not work if it needs to be explained. While some complaint and parody websites may constitute fair dealing, close copying of trademarks and copyrighted works, combined with mean-spirited commentary, will not fly....more

Nominative Fair Use of Ride-Share Logos?

Earlier this year, we contemplated a suitable, accurate, and efficient generic name for the service category created by the highly-disruptive Uber brand: App-Based Ride Service....more

Here’s to Calling the Kettle, Brand Too?

The teapot read my post from last week and is not only calling the kettle black, but brand too...more

First Circuit BAP Protects Trademark Licensees In Bankruptcy Despite Section 365(n)

The First Circuit recently issued an important interpretation of bankruptcy law that directly impacts trademark licensing rights. In In re Tempnology LLC, 559 B.R. 809 (1st Cir. BAP 2016), the First Circuit Bankruptcy...more

South Texas College of Law: A Rebranding Update

As Steve wrote about a few weeks ago, the South Texas College of Law changed its name in June to the Houston College of Law, with a newly designed brand...more

Marmots and Mammuts Living in Harmony?

Taking a spin through REI for a jacket yesterday, I happened upon a Swiss outdoor clothing brand that is a new one to me, called Mammut...more

Beyond Black and White

Last month, Federal Express announced that all of its logos moving forward would use the brand's recognizable purple and orange color scheme. Before this change, each division of the company used different colors paired with...more

MarkIt to MarketTM - September 2016

The September 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses protecting color as part of brand identity, and announces the new gTLD sunrise periods. Please see full Newsletter below for more...more

I Really Like “I [LOVE] NY” – The History Of An Iconic Logo And Ad Campaign

I am in New York City for the Intellectual Property Owners Association’s (“IPO”) Annual Meeting. I have been to the Annual Meeting before in other cities and had a great time, but was thrilled when I heard that it was going...more

Circuit to District Court: Pucker Up for a Remand

by McDermott Will & Emery on

Addressing the application of the Sleekcraft likelihood-of-confusion factors in the context of a summary judgment motion, the US Court of Appeals for the Ninth Circuit reversed the district court’s grant of summary judgment,...more

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

by Littler on

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

Corporate Logos and Copyright: Another Bite at the IP Apple

Can a corporation protect its logo by copyright as well as by trademark law? Traditionally, when one thinks of works protected by the law of copyright, one thinks of substantial works of authorship such as a novel, a...more

Dilution Update: NYC BEER Is Not Diluted, But The Empire State Building Is

Trademark dilution is a concept not easily understood. Although, we have written about this topic in previous posts, a recent decision by the Trademark Trial and Appeal Board, ESRT Empire State Building, L. L. C. v. Michael...more

The Second Circuit Re-Visits Dawn Donut and the Geographic Scope of Injunctive Relief in Trademark Cases

by Dorsey & Whitney LLP on

More than half a century ago, the Court of Appeals for the Second Circuit issued an influential decision in Dawn Donut Co. v. Hart’s Food Stores, Inc., concerning the proper scope of injunctive relief in a trademark...more

Out With the Old, In With the New

The beginning of a new year is often the impetus for change. For companies, this may mean a rebranding initiative involving an update to a company's house mark or logo. In 2015 several companies, including Google, Facebook,...more

MarkIt to MarketTM - January 2016

The January issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses best practices for companies seeking to refresh or rebrand in 2016, outlines the top three considerations for companies conducting a...more

Star Wars: The Missing Fanfare

A bit belated, but I finally caught a screening of Star Wars: The Force Awakens. Unbeknownst to me, the film was missing a part of the Star Wars experience many fans hold dear. And it’s all about branding....more

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