Protecting the Monsterverse, One Trademark at a Time

Costumed characters are one of the hallmarks of any theme park experience. At the Disney parks, you can meet Mickey, Minnie, and a small army of princesses. And Universal has Minions, Simpsons, and its classic movie monsters: Dracula, Frankenstein’s Monster, The Bride of Frankenstein, The Mummy, and the Wolf Man. Universal’s monsters are so iconic […]
I Feel the Need, the Need for Trademarks

Federal trademark registrations can appear in strange places, like 30,000 feet in the air going 600 miles per hour. Aircraft need protection from trademark infringement just like consumer goods. The most common fighter jets used by the U.S. military today are protected by federal trademark registrations: Mark Status Goods Owner F/A-18E US Reg. No. 2201081 […]
Vanderbilt Shocks the College Football World (and the Trademarks Behind It)

I’ve been a Vanderbilt football fan since arriving on campus as a freshman in 1994. Over the years, I’ve sat through many beatings at the hands of our SEC rivals, especially the University of Alabama. Until recently, the most memorable “highlight” from these games was Bill Marinangel’s epic fake punt in 1996: Of course, we […]
Growing old with Weezer … and some stuff about trademarks

A long time ago, before kids entered into the equation, my wife and I were frequent concertgoers. We both worked in downtown Nashville, and we were within easy walking distance of several venues. One of the first after-work concerts we attended was Weezer’s show at Municipal Auditorium in 2002. We didn’t have time to change […]
Meghan Markle Royally Screws up Trademark Application

Meghan Markle’s recent efforts to launch a new lifestyle brand under the name “American Riviera Orchard” have hit a procedural snag. Earlier this year, her company, Mama Knows Best, LLC, filed a trademark application with the United States Patent and Trademark Office (USPTO) to protect the brand name for a variety of products, including kitchenware, drinkware, and […]
Political Trademarks: The Consent Requirement You Can’t Ignore

The presidential campaign is heating up, and so is the number of political trademark applications being filed. Recently, several trademark applications related to Kamala Harris and Donald Trump have been submitted, including: Not surprisingly, the candidates did not authorize these applications. So what will happen to them? The USPTO will issue letters called “Office Actions” […]
Trademarks for Bands

As a band, establishing a strong and recognizable brand is crucial for long-term success. One of the key steps in protecting your brand is filing a trademark application. A trademark not only safeguards your band’s name and logo but also ensures that your unique identity is protected against unauthorized use. When filing a trademark application, […]
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 […]
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 […]
Hawk Tuah and Register That Thang

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 […]