— Karen Brennan, Attorney
Earlier this week, while walking through the sky-way in downtown Minneapolis, I saw three people dressed in neon green bodysuits from head to toe. The green men were just milling around with people in line to catch a bus during the evening rush hour. I automatically thought it was a viral
–Dan Kelly, Attorney
Wham-O, Inc. has had its share of hits over the years, achieving “household name” status (my opinion) with an impressive list of trademarked (I am not afraid to use it as a verb) products:
Back in May, I wrote a piece entitled “Re-Branding Madness in Washington” Overlooks Obvious: The Washington Redskins,” discussing the trademark cancellation action that I filed on behalf of seven prominent Native American leaders back in September 1992 (Harjo et al v. Pro-Football, Inc.), and calling for the football team to “hire a branding
Yellow Book USA, Inc. has embarked on a marketing campaign telling consumers to “Yellowbook It” when they need to search for something. Although Yellow Book USA, Inc. does not own a federal registration for YELLOWBOOK, its does use the ™ symbol behind the term on its Web site to signal to consumers that
From My Cousin Vinny:
Vinny Gambini: I object to this witness being called at this time. We’ve been given no prior notice he would testify. No discovery of any tests he’s conducted or reports he’s prepared. And as the court is aware, the defense is entitled to advance notice of all witnesses who will testify, particularly those who will give scientific evidence, so that we can properly prepare for cross-examination, as well as give the defense an opportunity to have his reports reviewed by a defense expert, who might then be in a position to contradict the veracity of his conclusions.
Judge: Mr. Gambini?
Vinny Gambini: Yes, sir?
Judge: That is a lucid, intelligent, well thought-out objection.
Vinny Gambini: Thank you, sir.
Judge: Overruled.
Not fair. That’s just how it feels sometimes.
You believe you have a sound position, a fine strategy or a winning campaign, all backed up by solid arguments. But then you’re overruled. And you’re left shaking your head and saying to yourself: “This is a winner. Why don’t they get it?”
I’m sure that’s how brand strategists and consultants, whether internal or external to an organization, feel at times when their proposals are rejected. In fact, I know that’s how they feel. I’ve been there.Continue Reading Bridging the Brand Consultant-Client Divide
More than a few trademark types cringe when their clients or others say things like “let’s trademark it,” “they didn’t trademark their logo,” or “we don’t want to trademark this name,” and, when they ask questions like “is it trademarked?” or “is that trademarked software?” or “did we ever trademark our logo?” or “should we be trademarking this packaging?”
Indeed, some have written: “’Trademark’ is not a verb. There is no such thing as ‘trademarking’ a word or phrase.” Similar views are expressed here, here, and here.
Perhaps any cringing may result from the fact that the Lanham Act — the federal trademark statute — defines the word “trademark” as a noun, not a verb or adjective:
The term “trademark” includes any word, name, symbol, or device, or any combination thereof —
(1) used by a person, or
(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,
to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.
Section 45 of Lanham Act, 15 U.S.C. 1127.
Turns out though, the words “trademark,” “trademarked,” and “trademarking,” are recognized words with established verb meanings that have formed part of the English language: “(1) To label (a product) with proprietary identification; and (2) to register (something) as a trademark.” Moreover, the word “trademarked” has an established adjective meaning too: “labeled with proprietary (and legally registered) identification guaranteeing exclusive use; ‘trademarked goods’“.
From my perspective, there is no need for cringing or even correction, just further inquiry into how the words “trademark,” “trademarked,” and “trademarking” are being used.Continue Reading What Does “Trademarked” Mean to You?
“Paris Hilton” “That’s Hot” “Catch Phrase” “Catch Phrases” “Hallmark” “Hallmark Cards “Ninth Circuit” Cards Trademarks
Continue Reading Television and Movie Catch Phrases Are Hot Topics For Trademarks
Clothing Harvard “Clothing Line” Wearwolf “Harvard Yard” Pants Sweatshirts
Continue Reading My Pants are Smarter than Yours
–Dan Kelly, Attorney
A couple of weeks ago, news reports came out that KB Toys, which had filed for bankruptcy in December, sold its trademarks and domain names to a company called CE Stores LLC for $2.1 million. Last week, Toys “R” Us disclosed that it owns CE Stores. While this may be somewhat
Clients and friends have enjoyed passing yesterday’s Dilbert cartoon on to me, just for fun (I think).
So, for those of you who weren’t sure we could take not only a lawyer joke, but a “trademark infringement lawyer” joke, read on:
Having said that, I think we already demonstrated our ability to self-deprecate with the