We’re just days away from Super Bowl LIX, I mean the 59th Big Game. This time of year, you need to be careful about how you refer to the Championship of American Football. That’s because the Gridiron Gala is protected by a bunch of federal trademark registrations: Mark Goods/Services SUPER BOWL Reg: 846056 Serial: 72261119 […]
New President. New trademark applications. They go hand in hand. Donald Trump made headlines on Monday when he said he was serious about renaming the Gulf of Mexico as the Gulf of America. Hillary Clinton’s response also made headlines: Setting aside the issue as to whether this is even possible, I would expect to see […]
In the United States, trademark owners are responsible for enforcing their trademark rights. Enforcement efforts typically begin and end with a cease and desist letter from the rights owner to the (alleged) infringer. Cease and desist letters are not public documents. As such, they are often heavy-handed and overreaching with short-fuse deadlines. Presumably, the senders […]
Is there a more beloved person in the music industry than Dolly Parton? I can’t think of one. I met her once, and she is every bit of lovely as you would expect. She even complimented my wife’s shoes. So it’s hard to believe that anyone would try to profit off her good name. But […]
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 […]
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, […]
Last week, Randy wrote about the “spectrum of trademark distinctiveness” and how generic terms cannot be protected as trademarks. This week, Taco John made news when it agreed to abandon its trademark registration for TACO TUESDAY for restaurant services after a recent challenge by Taco Bell alleging that TACO TUESDAY was generic and not entitled […]
Here in The Tree, we love Apple products. We anxiously await any new updates to the hardware or software. We are also goofballs, so we were very excited to download iOS 12 and use the new Memoji feature. “Memoji” is a portmanteau of “me” and “emoji”. The feature allows you to shoot live video of […]
There is no doubt that the marijuana business is a budding industry. Negative public opinions about marijuana have faded and more and more states are legalizing its medical and recreational use. New businesses are seeking the pot of gold at the end of the legal marijuana rainbow by pushing marijuana use into the mainstream. One […]
It doesn’t happen very often, but a judge has awarded attorneys’ fees in a trademark case. For years now, San Diego Comic Con has been in a dispute with Salt Lake Comic Con over San Diego Comic Con’s COMIC-CON trademark (Back in 2014, resident cosplay expert, furry aficionado, and larping champion Kevin Hartley wrote about […]
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