Couldn’t be more pleased and thankful to collaborate and share insights on the timely topic of Trademarks, Parody, and the First Amendment, with esteemed Professor of Law Christine Farley during our upcoming Strafford webinar on Tuesday July 25, 2023, at 1 PM ET, check out the details here, hope you can join us!
Likelihood of Confusion
Rapala Continues Fishing for Attention
Over the past dozen years, we’ve been admiring Rapala’s annual creative billboard campaign that continues to maintain the same eye-catching look and feel.
Love the white canvas, the red stylized Rapala brand name, the Original Floating lure, and a creative and often humorous attention-getting term or phrase in black ink, sandwiched in between (and hooked…
Trademark Confusion on Orchid Lane
Upon seeing/hearing Orchid, how many will commit Orchard to memory instead?
Based on my experience, in residing on Orchid Lane more than a quarter-century, I’d venture to say, far more than you might believe — a real appreciable number.
Just this past weekend, during the age of “social distancing” guidance, someone having our…
Hot Pockets, Strategy and the Right-Sizing of Trademark Protection?
We’ve covered many trademark and brand management themes over the last eleven years, this falls in the category: The Right-Sizing of Trademark Protection?
As reports emerge about the recent Coronavirus fear driving people to clear store shelves to stock their home pantries and freezers, a Hot Pockets TV ad hit me.
Clearly consumer packaged…
Backpacks, Boycotts, Brand Bullying, Backlash, and Backcountry.com
A belated thanks to Candice Kim and Professor Leah Chan Grinvald for sharing their insights and perspectives in our recent webinar on trademark bullying.
One topic we discussed is Backcountry.com’s recent back-down to backlash over its trademark enforcement activities concerning the Backcountry mark.
The example is a harsh reminder to trademark counsel of the…
Rorschach ≠ Likelihood of Confusion
One of the problems with “trademark bullying” can be a failure to comprehend the legal standard governing most trademark disputes: Likelihood of confusion.
Another is a failure to appreciate the subjective nature of whether the legal line has been crossed or whether there has been an attempted trademark overreach.
Understanding that trademark rights …
DuetsBlog: Avoid Sitting on the IP Fence
Well, here we are — a mere ten years ago today — when we dove head first, or at least, dipped our collective toes into the vast intellectual property blogging pond.
Intellectual Property — IP — is italicized today, because there is currently a belief among some of those we respect, that trademarks…
Will Daenerys or Sansa Sit on The Iron Throne?
Does Sanas Health Practice Ltd. (“Sanas Health”) think that Daenerys or Sansa will win at the end of the wildly popular Game Of Thrones series and ultimately sit on the Iron Throne? Sanas Health filed two applications for the mark “QUEEN OF THRONES” with the United States Patent and Trademark Office (“USPTO”). Interestingly, the Applicant’s…
Illegal Brand Clone, or Evolved Inspiration?
A loyal reader brought to our attention the logo for a rather interesting chiropractic practice:
Without too much pain, can we all agree on the likely inspiration for the above name and logo?
What’s really interesting is that the name Thorassic Park has been federally-registered since 2004, so there is little doubt that the…
What Is in a Name? That Which We Call Heisman; by Any Other Name Would Be Ambiguous
It’s fall, and you know what that means: football season! For many, this means a return to the couch each weekend to spectate America’s most-watched sport. But the popularity of doing so appears to be in decline. This shift isn’t only affecting the NFL, but also college football as well, as ticket sales continue…