Last week, Randy wrote about some lurking trademark issues that could await Elon Musk as he rebrands Twitter to X. Musk’s decision shines a spotlight on the risks associated with rebranding. Not only can rebranding lead to a potential dispute with another trademark owner, as Randy discussed, but it can also cause a brand to […]
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 […]
During a recent discussion with a non-lawyer about trademarks, I explained the so-called “spectrum of trademark distinctiveness” and used APPLE as an example of an arbitrary mark. The person responded, “Wait, you can trademark that?”. The question caught me off guard since I assumed everyone knew that APPLE was arguably the most valuable trademark in […]
When I first heard that Bed Bath & Beyond was shuttering, I shuddered to think about finding a new go-to place to buy Mahogany Teakwood candles. A moment later I realized that I was confusing the home goods store with Bath & Body Works. It wasn’t the first time I had confused the two alliteratively-named […]
Bears have always been my favorite wild animal, so I was stoked to find out that black bears have been spotted in Middle Tennessee and even in Nashville. As sightings began to spread from Spring Hill to counties north of Nashville, my happiness turned to concern. What should I do if I happen upon a […]
The popularity of artificial intelligence tools like ChatGPT has exploded in recent months. This has led to some handwringing among trademark lawyers about whether AI is coming for their jobs. So, I asked ChatGPT whether it was coming for me. Here’s its answer: As of my knowledge cutoff in September 2021, AI like ChatGPT can’t […]
Trademark attorneys often talk about how a trademark embodies the goodwill of a business. When I try to wrap my brain around the idea, I often think about my favorite part of the Harry Potter series. Toward the end of the series, Harry asks Professor Dumbledore whether something he is experiencing is real or happening […]
Boy, is it ever hot in Tennessee right now. And, the mosquitos are thriving. Like an annoying mosquito on a warm, summer night, counterfeit products are hard to squish. The most significant indicator of an authentic product is the ™ or ®. However, many large brands do not use trademark symbols on their products, believing […]
It’s Fourth of July Weekend! Or should I say, “Happy Birthday ‘Merica!” You probably already know you cannot register a generic term for a product or service. In other words, you cannot use a trademark registration to prevent others from using the term “apple pie” to refer to apple pie. But did you know that […]
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 […]
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