DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Intent to Use

Such a Nasty Trademark

Posted in Mixed Bag of Nuts, Social Media, Television, Trademarks, USPTO

After the last presidential debate, the Republican nominee’s “such a nasty woman” utterance led to somewhat of a rallying cry.  Within minutes, #Nastywoman was trending across social media, and streaming of Janet Jackson’s “Nasty” spiked 250% on Spotify. While many debated the societal and political implications of the comment, a few enterprising individuals recognized a… Continue Reading

Eh, it’s Ey?

Posted in Branding, Domain Names, Guest Bloggers, Infringement, International, Loss of Rights, Marketing, Trademarks, Truncation, USPTO

Ernst & Young, here is to hoping you can take a little joke about your new truncated name, EY: We’ve written a lot about the potential hazards of brand truncation here, and when one of our talented guest bloggers brings this unfortunate story to our attention, we simply couldn’t resist spilling a little digital ink from our perspective. According… Continue Reading

“Would You Rather…?” Litigation Update

Posted in Infringement, Law Suits, Trademarks

–Dan Kelly, Attorney Last May, I reported on a Ninth Circuit Court of Appeals decision opining on the descriptiveness of the “Would You Rather…?” trademark registration.  Subsequent to the Ninth Circuit’s decision, the case returned to the United States District Court for the Central District of California and is now styled Spin Master, Ltd. v…. Continue Reading

Seth Godin on Trademark?

Posted in Branding, Dilution, Famous Marks, Idea Protection, Infringement, Law Suits, Marketing, Search Engines, Trademarks

      Seth Godin has an amazing knack for creating and spreading ideas that matter, mostly really good ones, by the way. I always look forward to his daily riffs and I have been known to spread some of his important ideas too when they overlap with things I happen to care a lot about. When it comes to Mr…. Continue Reading