Apple iOS 12 Bug: Memoji Trademark Dispute

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 an animated version of yourself ( a “Memoji”). It’s a blast. In addition to Apple products, we also love trademarks. So, we were doubly excited to find out that there is a trademark issue involving Apple’s use of the Memoji trademark. Another company claims to [...]
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Dunkin’ Don’tnuts

I have a bit of a sweet tooth. Just last week, my mother-in-law left a bag of pumpkin spice donuts at my house. The donuts didn’t survive the night. Unfortunately for donuts, they did not survive Dunkin’ Donuts’ recent rebrand either. Earlier this week, Dunkin’ Donuts made the announcement that it would be dropping the “Donuts” from its name. I could try to provide a pithy explanation for the rebrand, but let’s leave that to Stephen Colbert. While the rebrand was a surprise to many, anyone with a keen eye on USPTO filings would have noticed the company filed multiple [...]
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“FitzMagic” Trademark may Result in Unwanted Communications

As you may have noticed, around the Tree we love puppies, beards, football, and trademarks. This post is about all those things. Ryan Fitzpatrick is best known for two things, going to Harvard and his majestic beard. Also, from time-to-time, he plays like an elite quarterback. Filling in for the suspended Jameis Winston, Fitzpatrick has led the Tampa Bay Buccaneers to a surprising 2-0 start in impressive fashion, tossing 8 TDs. Going back to 2010 in Buffalo, when Fitz flexed his football skills, fans celebrated him as “Fitzmagic.” Use of the nickname abounds with Tampa’s fast start. So, it was [...]
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Uber Logo on Phone

Uber Logo Uber Alles

The Uber logo has changed again. This time, for the better. As you may remember, way back in 2016 Uber changed its "U" logo to a more "futuristic" design. The Internet, kind soul that it is, immediately noticed that when turned 90 degrees, the logo looked like a certain part of the human anatomy: It took Uber just two short years to come up with a new "cleaner" design. You may have noticed the change in the app icon design on your phone. The Old Uber Logo v. The New Uber Logo I like the new logo, but that's [...]
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Bortles sacked

#Sacksonville, More Like #Oppositionsonville

tl;dr – You should always file a trademark application with the USPTO sooner rather than later. Last week, we wrote about when and how to oppose a trademark application. This week, trademark oppositions are back in the news. And, wouldn't you know, it relates to football. In October 2017, the Jacksonville Jaguars filed an application for the trademark #SACKSONVILLE for shirts and entertainment services related to professional football. In the application, the Jags claim they began using #SACKSONVILLE as a trademark in commerce at least as early as September 2017. The application was published for opposition on March 6, 2018. [...]
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lots o pot leaves

Weed Spectator sued by Wine Spectator

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 of these companies has launched a website that allows marijuana users to rate the various types of the plant, much like a wine connoisseur. The website is called “Weed Spectator,” which is a twist on the wine rating magazine “Wine Spectator.” Wine Spectator is not [...]
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“O” is for Ohio State, Oklahoma, and (Trademark) Opposition

Instead of writing about blocked punts and kicks to start the football season, we keep writing about blocked letter trademarks. Last week, it was South Carolina’s “Blocked C” logo, this week it is (the) Ohio State trying to block a trademark application filed by the University of Oklahoma because it claims the trademark is confusingly similar to its “Block O” logo. In December, the Board of Regents of the University of Oklahoma filed a trademark application seeking to protect the design trademark pictured below for “[e]ntertainment, namely, live performances by musical bands.” In late August, Ohio State filed a Notice [...]
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Man with binoculars

TrademarkNow is Launching a Free Search

Usually things just get more expensive over time, so it's always great news when something comes down in price. That's especially true with something as notoriously expensive as trademark searching. So, we were tickled to find out that our search provider, TrademarkNow, is going to be offering a free search! Trademark searching is the most vital part of the trademark process. Not properly clearing your trademark can land you in some legal hot water. That means that every business needs to do a trademark search, even if you don't want to register your trademark. You should do an initial "knockout" [...]
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South Carolina Script Helmet

University of South Carolina Adds Carolina Script Helmet Logo

“It’s football time in Tennessee.” The famous words of Vol legend John Ward have been in my head all week. The “Voice of the Vols” passed away a few months ago, but he will be on the mind of every Tennessee fan all season. In the SEC, traditions fade slowly. Before I was a Vol fan, I cheered for my parents’ alma mater, the University of South Carolina. Since before my parents’ days in Columbia, the Gamecocks have worn helmets adorning their iconic “Blocked C” logo. In 2003, USC registered the “Blocked C” logo as a trademark claiming use back [...]
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Sad Furry

Comic Con Trademark: Attorneys’ Fees Are No Laughing Matter

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 this dispute on our old blog). In this installment of the dispute, the California judge has entered an injunction against Salt Lake City Comic Con and awarded attorneys’ fees. Other stuff happened too, but I want to talk about the attorneys’ fees issue. In many [...]
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