Five Things I Wouldn’t Do as a Trademark Attorney

Navigating the world of trademarks can be a labyrinthine endeavor. As a trademark attorney, I’ve encountered numerous pitfalls and challenges that businesses and individuals alike face when trying to protect their brands. Through my experience, I’ve identified five critical missteps to avoid in this intricate field. Here are five things I wouldn’t do as a […]

Pizza by Alfredo vs. Alfredo’s Pizza Café: Trademark Lessons from The Office

Part of my job is trademark enforcement, which typically involves sending cease-and-desist letters to infringers. Some lawyers take a slash-and-burn approach, threatening to rain legal hellfire down on the infringer if they don’t cease and desist. Others prefer an academic format, with letters that resemble a legal treatise on trademark infringement and unfair competition. Personally, […]

CHATGPT Describes Being Refused as a Descriptive Trademark

In February, OpenAI OpCo, LLC, received a final refusal of its trademark application for CHATGPT. The deadline for OpenAI to respond to the refusal is in August. Like any good law blogger, I gave CHATGPT the following prompt: “Write a blog post about the CHATGPT trademark being refused as merely descriptive and OpenAI’s effort to […]

The Myth of Early Access to the Amazon Brand Registry

Amazon Logo

The Amazon Brand Registry helps brand owners protect their trademarks on Amazon. Enrollment gives brand owners access to powerful tools, including proprietary text and image search, and increased authority over product listings with their brand name. Amazon also runs an “IP Accelerator Program” that connects brand owners with a small network of law firms that […]

Hawk Tuah and Register That Thang

Hawk Tuah Trademark Application

It’s hard to believe that a late-night street interview on the wild streets of Nashville could unleash a bar exam’s worth of trademark issues, but that is precisely what is unfolding with the internet’s latest superstar, “Hawk Tuah Girl.” The Hawk Tuah Girl is Hailey Welch, who gained internet fame after a humorous and candid […]

The Supplemental Register – The Consolation Prize of the Trademark World

Puppy with a participation trophy

The “participation trophy” is supposedly a hallmark of youth sports these days. It’s often cited as a reason for our young people getting “soft” in a world where only winning and losing matters. My kids are 12 and 9 and play many sports (sometimes it feels like all of them). I’ve yet to see a […]

Orioles Trademark Magic (Feel it Happen)

Growing up in Baltimore, the Orioles were my first sports love. I first got hooked in 1983 when they won the World Series … coincidentally, the same year the Colts played their last season in Baltimore (Bob Irsay, curse thy name!). The “worst to first” team in 1989 renewed my love of the franchise, and […]

All Day I Dream About Opposition Proceedings

While it looks like there might not be much Ryder Cup drama this year, there has been no lack of golf-related drama in recent years. Much of the drama has related to the fledgling LIV Golf tour, which now finds itself in a new dispute. This time, it is with Adidas, which recently initiated an […]

Trademark Searching is Dead! Long Live Trademark Searching!

Photo of a puppy with a magnifying glass

After 23 years, the U.S. Patent and Trademark Office is retiring its trademark electronic search system. Or, in government speak, the USPTO is retiring TESS. Supposedly, the retirement is not voluntary. TESS relies on a backend system and programming language that will no longer be supported. I don’t know about the backend and programming language, […]

What a Cluster of a Trademark

Photo of Goo Goo Cluster store in Nashville

Trivia time! Can you name the first candy bar in the United States to feature a collection of ingredients? Hint: It’s made here in Nashville. Give up? It’s the Goo Goo Cluster. Recently, a friend celebrated his birthday by planning some “tourist in your own town” activities. This included taking a trolley down to the […]