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Category Archives: Trademarks

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Amazon’s Latest Trademark Battle: A Race Against “Chime”

Posted in Infringement, Law Suits, Marketing, Technology, Trademarks

Last month, Amazon Web Services (“AWS”) announced a new application, Amazon Chime, for online meetings, including video and voice conferencing, chat, and screen sharing. Amazon Chime will compete against a crowd of other well-established products with similar services, such as GoToMeeting, Cisco WebEx, and Skype. Just two weeks after Amazon Chime was announced, on February 22, AWS was… Continue Reading

Don’t Get TRUMPed By a First-Filer

Posted in Almost Advice, Branding, Infringement, Loss of Rights, Trademarks

Reading over this story on Donald Trump’s decades of headaches (and conveniently-timed successes) with the TRUMP trademark and the Chinese Trademark Office, I was reminded, as I always am, of the importance of filing federal trademark applications. The examination process for Trump’s marks in China, and the Chinese trademark enforcement regime generally, is rather opaque… Continue Reading

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

Celebrity Trademark Battle: “The Kitchen”

Posted in Genericide, Infringement, Mixed Bag of Nuts, Trademarks

World-famous chef Wolfgang Puck recently became embroiled in a trademark battle with Elon Musk’s brother, Kimbal Musk, a venture capitalist and entrepreneur who owns The Kitchen Cafe, a family of restaurants in Boulder, Fort Collins, Denver, Glendale, and Chicago. Puck has opened new restaurants with the names “The Kitchen by Wolfgang Puck” and “The Kitchen Counter… Continue Reading

Stripe Three, Adidas Called a Trademark Bully

Posted in Agreements, Articles, Branding, Infringement, Law Suits, Non-Traditional Trademarks, Sight, Trademark Bullying, Trademarks

Trademark bullying allegations are in the news again. Not only is Forever 21 calling Adidas a trademark bully for asserting rights in the three stripe design mark, it is asking a federal court to say it has not done anything wrong and award it fees: “Tired of operating with a cloud over its head with… Continue Reading

Congratulations to Howard University’s 2017 McGee National Civil Rights Moot Court Team

Posted in Articles, Branding, First Amendment, Law Suits, Marketing, Trademarks, TTAB, USPTO

It’s not every year that participants in the William E. McGee National Civil Rights Moot Court Competition need to understand the various nuances of federal trademark law. Yet, with the Lee v. Tam case pending before the U.S. Supreme Court, and Section 2(a) of the Lanham Act hanging in the balance, this was such a… Continue Reading

The Big Ten and the NCAA Tip Off for MARCH Marks

Posted in Dilution, Famous Marks, Goodwill, Infringement, Trademark Bullying, Trademarks, TTAB

You don’t have to be a sports fan to be aware of MARCH MADNESS, the name associated with the annual tournament to determine the college basketball national champion. The tournament is organized by the National Collegiate Athletics Association. The name MARCH MADNESS is derived from the fact that the tournament occurs almost exclusively in March…. Continue Reading

McCarthy Institute Trademark Seminar 2017

Posted in Advertising, Articles, Branding, Copyrights, Dilution, Famous Marks, First Amendment, Marketing, Trademarks, TTAB, USPTO

One of the current challenges in trademark law addressed in Seattle last week at the Amazon Corporate Conference Center, host of the 2017 McCarthy Institute and Microsoft Corporation Symposium, is an issue we have discussed quite a bit here, namely Trademark Disparagement and the First Amendment. The panel to discuss this weighty topic included the… Continue Reading

Checking in on Sony’s “Lens-Style Camera” Application

Posted in Advertising, Branding, Non-Traditional Trademarks, Product Configurations, Trademarks

Way back in 2015, I blogged about an interesting non-traditional configuration mark application from Sony for its QX100 “Smartphone Attachable Lens-Style Camera” with the PTO. Here we are nearly two years later, and Sony’s battle continues. As expected, the USPTO has refused registration of Sony’s mark on two main fronts: the functionality of the “cylinder” configuration… Continue Reading

Wawa Not Gaga Over Dawa?

Posted in Almost Advice, Branding, Contracts, Dilution, Fair Use, Famous Marks, Food, Genericide, Idea Protection, Infringement, Law Suits, Look-For Ads, Marketing, Technology, Television, Trademark Bullying, Trademarks

Earlier this month, Wawa, an East Coast convenience store chain, demonstrated it is not gaga over a single location food mart (copy of complaint linked here), called Dawa: As Dawa has vowed to defend its name, will this case come down to a battle over the meanings of the marks? Do consumers really know and… Continue Reading

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

Your Favorite App-Based Ride Service?

Posted in Advertising, Articles, Branding, Loss of Rights, Marketing, Technology, Trademarks, USPTO

Before you answer the question posed in the title of this post, your initial question might be: What is an App-Based Ride Service? The Minneapolis St. Paul International Airport is using a handy sign directing passengers on where to go to access their favorite one, does that help? I’m thinking the designated area in the… Continue Reading

Fictional restaurant wins trademark battle: The Krusty Krab

Posted in Infringement, Mixed Bag of Nuts, Squirrelly Thoughts, Television, Trademarks, USPTO

Who lives in a pineapple under the sea? If you know the answer to that theme-song question, you’ve probably seen, or at least heard of, the popular cartoon SpongeBob SquarePants. It is one of the highest-rated and most-watched animated series to air on television. Many of us, myself included, grew up watching it on Nickelodeon since the early 2000s (or… Continue Reading

What’s a Peppadew?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, USPTO

We recently checked out a new restaurant in Minneapolis’ growing North Loop area, called Red Rabbit, what a great spot:   The menu cleverly refers to the salad options as “Rabbit Food” — and the Italian Chopped salad spoke to me, but one of the listed “ingredients” left me wondering “what’s a peppadew”? Not wanting… Continue Reading

It Is Not All In The Family

Posted in Advertising, Branding, Famous Marks, Food, Marketing, Trademarks, TTAB

Although a precedential decision allowing a “Family of Marks” to be considered in the context of an ex parte prosecution of an application that has been refused under Section 2(e)(1) to show acquired distinctiveness, this ruling could not help Little Caesars overcome the refusal of its application for the mark “DEEP!DEEP! DISH PIZZA.” Because “Deep… Continue Reading

“Pardon Me, PORTON,” says PATRON, “But We Heard You”

Posted in Famous Marks, Trademarks, TTAB

Pisco is a light-colored brandy traditionally produced in portions of Peru and Chile.  One brand that offers this product in the United States is PISCO PORTÓN (the latter word meaning “gate” in Spanish). Pisco Porton has a number of registrations including PORTÓN, PISCO PORTON, and PISCO PORTON THE AUTHENTIC PERUVIAN PISCO. The owners of PATRON… Continue Reading

When Less is More

Posted in Advertising, AlphaWatch, Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Trademarks, Truncation

Love the simplicity and honesty of this sign, captured on vacation, in a cozy crepe spot (had to get out of my chair and walk across the dining room to read the smaller print, well worth the steps): As Seth recently noted, there can be room for improvement when it comes to making signs (we… Continue Reading