– Ryan Francis, Law Student, William Mitchell Law School

     vs.  

Is he alive? Not really, but the Manhattan Second District Court recently referenced the Frankenstein monster in The Football Ass’n Premiere League Ltd. v. YouTube Inc., No. 07 CIV. 3582 LLS, 2013 WL 2096411 (S.D.N.Y. May 15, 2013). In this case, plaintiffs alleged that

Chris Camardello, Bankruptcy Attorney

Those who license the right to use another’s brand need to pay more attention to the resulting risks when the brand owner files bankruptcy, given the uncertainty resulting from some recent legal developments.  And those interested in purchasing brands in bankruptcy should sit up straight and pay special attention

 On this Valentine’s Day, after enduring weeks of the same endless running of national retail jewelry chain advertising, leading up to this annually celebrated day of love and affection, I thought it might be fitting to try a few retail jewelry store taglines on for size and examine — at least from a trademark perspective — their protect-ability and likely placement on

–Dan Kelly, Attorney

:-(

I have long enjoyed the offerings of Despair, Inc., the outfit that has built a business out of parodying Successories–the makers of those know-them-when-you-see-them corporate motivational posters.  Despair offers, among other things, DEMOTIVATORS® posters.  The entirety of the despair.com website reinforces the Despair brand and image. 

–Dan Kelly, Attorney

For those keeping score at home, various courts and tribunals have previously held the following domain names to be generic in connection with the listed goods or services:

  • BLINDSANDDRAPERY.COM for wholesale and retail services “featuring blinds, draperies and other wall coverings”
  • BONDS.COM for “providing information regarding financial products and services”
  • CONTAINER.COM for