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Tag Archives: Use in Commerce

Patriots Granted Registrations for “Perfect Season” That Never Was

Posted in Branding, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

Regardless of which team you were rooting for, this year’s Super Bowl (a/k/a the Big Game) was an exciting one to watch, with the Patriots making a surprising comeback in the second half, racking up 31 consecutive points to overcome the Falcons 28-3 lead. A number of records were made this year, including the first overtime… Continue Reading

NASCAR Brand Gasoline at a Pump Near You?

Posted in Advertising, Articles, Branding, Contracts, Marketing, Non-Traditional Trademarks, Sight, Smell, Taste, Trademarks, USPTO

With the Strafford Publications webinar later today discussing the Lanham Trademark Act’s “Use in Commerce” requirement, with some of my favorite panelists no less, the topic has been on my mind, even when pumping gas into my rental car in Houston, Texas, this past weekend: So, what do folks think, does this photograph of a… Continue Reading

Santa Goes to the Trademark Office

Posted in Advertising, Branding, Contracts, Fashion, Marketing, Social Media, Trademarks

This is Fashion Santa. Or at least it was until recently. Fashion Santa is a role that originated with model, Paul Mason and Toronto’s Yorkdale Mall in 2014. He promoted the mall and a successful charitable giving campaign. Mason continued as Fashion Santa during the 2015 holiday season, and became somewhat of a social media sensation.  But… Continue Reading

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

Counterclaims for Cancellation Are Like Yoga Pants for Your Infringement Defense

Posted in Advertising, Fair Use, Fashion, Infringement, Law Suits, Loss of Rights, Trademarks, USPTO

Here’s one piece of advice you’ll hear from just about any trademark attorney: apply to federally register your marks as soon as financially possible. It is a very important step to take in order to protect your brand. A federal registration provides nationwide rights over any third-party that begins use of a confusingly similar mark… Continue Reading

Snickers Cross-Section Trademark Notice

Posted in Advertising, Branding, Famous Marks, Food, Marketing, Non-Traditional Trademarks, Sight, Trademarks

You may recall about a year ago I did a post entitled "Delicious Trademarks: Candy Bar Cross-Section Trademarks?" I was reminded of this a couple of weeks ago when I snapped this photo, capturing what I believe to be the same point of sale display that inspired my original post: A couple of months ago I saw in a convenience store a large Snickers… Continue Reading

GM’s Chevy Trademark Dodges Fatal Lyrics: “This’ll Be The Day That I Die”

Posted in Branding, Famous Marks, Goodwill, Loss of Rights, Marketing, Trademarks

My trademark antennas automatically rise when I hear about a brand owner announcing plans to trade in one brand for another, as GM recently and surprisingly did with the Chevy nickname (brand and trademark), in favor of the longer and more formal Chevrolet brand name (and trademark). Hat tip to Nils Montan of IPAlly, for spotting GM’s Chevy veering… Continue Reading

Delicious Marks: Candy Bar Cross-Section Trademarks?

Posted in Advertising, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks

A couple of months ago I saw in a convenience store a large Snickers point-of-sale floor-display depicting a prominent and attention-getting cross-section of a Snickers candy bar. Given Mars’ apparent interest in owning and creating non-traditional trademark rights surrounding the Snickers brand (revisit Dan’s post from earlier this year), it made me wonder whether Mars might view (and want consumers to… Continue Reading