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Tag Archives: Scope

April Madness, the NCAA’s One Month Buffer?

Posted in Articles, Branding, Dilution, Famous Marks, Infringement, Law Suits, Marketing, Trademarks

We write a lot here about the scope and strength of trademark rights and how that determination is often intertwined to making intelligent likelihood of confusion determinations. Does “April Madness” fall within the NCAA’s scope of trademark rights for “March Madness“? Likelihood of confusion? Is “March Madness” a famous mark deserving protection from dilution? How… Continue Reading

No Plaque on This Scope Bottle Trademark

Posted in Branding, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, TTAB

Would you place this mouth wash bottle on your bathroom counter or hide it under the counter? The answer to this question, it appears, can have a material impact on whether the shape and design of the bottle functions as a non-traditional trademark. The Procter & Gamble Company created this elegant container design — to counter the out-of-sight-out-of-mind… Continue Reading