What’s Worse than Losing at the Olympics?

We still have Olympic fever at Trust Tree. And the Olympics continue to provide useful trademark lessons. Indeed, I was yesterday years old when I learned that PING PONG is a registered trademark. Parker Brothers, Inc. registered the trademark in 1950 claiming use of the dating back to 1900.  Realizing that PING PONG is a […]

Brand Protection on TikTok: What You Need to Know

Even though Amazon and Walmart are the dominant players in the e-commerce industry, newer platforms like TikTok are becoming more popular with young folks (and some intrepid GenX-er’s like Bill Ferrell). For less intrepid GenX-er’s like myself, I thought TikTok’s killer feature was making viral sensations of people like the “Hawk Tuah” girl. However, TikTok […]

Trademark Symbols and How to Type Them

Using the correct trademark symbols is vital for several reasons. First, proper use of trademark symbols can help establish and protect your trademark rights. Second, it can be important in legal disputes over the ownership and use of a trademark. Third, because trademarks are key to brand recognition, consistent and correct use of trademark symbols […]

Trademarks in the News: FAWK YES!

Kaylor Martin Secures Trademark for Viral Catchphrase ‘FAWK’ In a savvy move to capitalize on her viral success, Kaylor Martin has filed a trademark application for her catchphrase “FAWK” for “Underwear; Shoes; Sports caps and hats; Sweat shirts; T-shirts; Robes; Beach footwear; Sandals and beach shoes; Sports jackets; Track pants; Swim suits; Lingerie; Beach coverups; […]

Brand Protection on Walmart: What You Need to Know

If you sell on Amazon, you should be familiar with the Amazon Brand Registry, which 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 launched the first version of the registry […]

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 […]

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 […]