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Category Archives: USPTO

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An Energized Trademark Monster?

Posted in Advertising, Agreements, Articles, Branding, Dilution, Famous Marks, Law Suits, Marketing, Trademark Bullying, Trademarks, TTAB, USPTO

Three months ago we discussed a “trademark bullying” allegation against Monster Energy, detailed in a declaratory judgment complaint filed in Montana federal district court by energy-drink competitor Victory Energize. Last week, Law360 reported the case settled on confidential terms, and the claims were dismissed with prejudice, at Victory Energize’s request, so the “trademark bullying” charge… Continue Reading

Bo Knows, How To Beat a Trademark Bully

Posted in Advertising, Articles, Branding, Food, Marketing, Social Media, Trademark Bullying, Trademarks, TTAB, USPTO

This Bo might not have won the Heisman Trophy, he might not have played in the NFL or MLB, he might not have enjoyed a lucrative Nike endorsement deal, and he might not have been named ESPN’s greatest athlete of all time, but this Bo — the defiant Vermonter, a/k/a Bo Muller-Moore, knows how to… Continue Reading

Oh What A Tangled WEB We Weave When First We…Try To Show Use

Posted in Almost Advice, Trademarks, USPTO

In order to get a trademark registered or maintain a registration, an example of use of the trademark (referred to by trademark nerds as a “specimen”) must be submitted to the US Trademark Office.  Often trademark attorneys rely on the most readily available specimen that they can find:  their client’s website.  But if the website… Continue Reading

Channeling Justice Ginsburg of U.S. Supreme Court on the Right to Register a Trademark

Posted in Articles, Branding, Civil Procedure, Infringement, Law Suits, Trademarks, TTAB, USPTO

We sounded the alarm exactly six months ago about a trademark case of great importance to brand owners: B&B Hardware v. Hargis Industries. Earlier this week, the U.S. Supreme Court heard oral argument in the case, and here is a link to the transcript (hat tip to Draeke). As you will recall, our concern in… Continue Reading

No IP Holes in this Crystal Head

Posted in Advertising, Articles, Branding, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Sight, Trademarks, USPTO

We’ve spilled a lot of digital ink here over the past several years discussing the protection of non-traditional trademarks. We’ve also written about the importance of layering various intellectual property rights (trademark, copyright, and patent) to accomplish the competitive goals of a business. And, we’ve enjoyed writing about non-traditional vodka branding here and here. Today,… Continue Reading

Microsoft’s New Battle: Toads

Posted in Branding, Famous Marks, Trademarks, USPTO

It isn’t often that Forbes and Arcade Sushi are reporting on the same story. But some news is so big, so ground breaking, and so important that all media outlets cannot, in good moral consciousness, fail to comply with their duty to inform the public. Obviously, I’m talking about Microsoft’s potential reboot of the Battletoads… Continue Reading

Does the United States Patent and Trademark Office Perpetuate Sexism in Branding?

Posted in Advertising, Branding, First Amendment, Guest Bloggers, Marketing, Mixed Bag of Nuts, Trademarks, TTAB, USPTO

- Draeke Weseman, Weseman Law Office, PLLC Now the dilemma…what to name the place. Simple. What else brings a gleam to men’s eyes everywhere besides beer, chicken wings and an occasional winning football season? Hence the name Hooters. Supposedly they were into owls. Strange. — Hooters  This NFL season, civil rights advocates continue to make… Continue Reading

Mayhem: Ahem, Metaphorically Speaking

Posted in Advertising, Articles, Branding, Marketing, Non-Traditional Trademarks, Sight, Television, Trademarks, USPTO

Metaphors are a good choice for trademarks. A metaphor typically requires some thought, imagination or perception to understand the connection between the mark and what’s for sale. Remember what a floating feather might suggest metaphorically? Yes, a good night’s sleep. So, the symbol works well as a distinctive non-verbal trademark for a pharmaceutical sleep aid…. Continue Reading

When is a Flavor/Taste Trademark Possible?

Posted in Articles, Food, Infringement, Law Suits, Non-Traditional Trademarks, Sight, Taste, Trademarks, TTAB, USPTO

Are your intellectual taste buds craving more discussion of non-traditional trademarks? It’s not every day we have the opportunity to write about a restaurant’s claimed trademark protection for the flavor or taste of certain food dishes and a restaurant’s claimed trade dress in the chef’s unique plating or visual presentation or appearance of certain food… Continue Reading

Gibson Guitar Facing 15 Trademark Opposers

Posted in Articles, Audio, Genericide, Loss of Rights, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, TTAB, USPTO

A brand owner’s non-traditional trademark application will sometimes gain the critical attention of multiple direct competitors. Gibson Guitar’s unlucky number is apparently fifteen. Last Thursday, Gibson’s guitar configuration application shown to the right and below was opposed by far more competitors than it has strings on the above ebony Gibson ES-339 Studio Electric Guitar: U.S…. Continue Reading

Amy, Whatcha Wanna Do (About this TM)?

Posted in Articles, Branding, Infringement, Law Suits, Marketing, Trademarks, TTAB, USPTO

As we start to think about welcoming in the weekend, why don’t we all hum this Pure Prairie League tune, while viewing this image and reading this very brief blog post: As this image (that I snapped this morning) shows, the skyway in downtown Minneapolis is sporting a relatively new snack shop called Amy’s. I’m… Continue Reading

Converse: Stomping Out Counterfeits through Int’l Trade Commission Proceedings

Posted in Articles, Counterfeits, Famous Marks, Fashion, Infringement, Law Suits, Non-Traditional Trademarks, Product Configurations, Trademarks, TTAB, USPTO

Earlier this week, Converse launched an all-out offensive to combat what it considers counterfeit and knock-off versions of its Chuck Taylor All-Star line of sneakers. Reports peg the number as at least 22 separate lawsuits against more than 30 companies, both in district court and at the International Trade Commission (the “ITC”). The defendants read… Continue Reading

Bottega Veneta Unties a Trademark Knot

Posted in Advertising, Articles, Branding, Fashion, International, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, USPTO

It is easy for some to get all tied up in knots at the USPTO when facing challenging grounds for refusal against federal registration of a claimed non-traditional trademark. Not Bottega Veneta. Last week the Swiss-owned fashion house and luxury brand was able to persuade the USPTO to approve for publication the three dimensional knot… Continue Reading

Star Wars: Redefining Trademark and Copyright Law Since A Long Time Ago

Posted in Advertising, Branding, Copyrights, Famous Marks, Goodwill, Non-Traditional Trademarks, Social Media, Sound, Television, Trademarks, USPTO

The Star Wars series is truly an exceptional franchise, having broken box office records, creating legions of fans, and bringing the idea of collateral merchandise licensing to an unprecedented level. Also, how many other films are top hits at the box office in three different decades, even when all you’ve done is add a few… Continue Reading

iOS 8: Bigger, faster, but still not a valid trademark (yet)

Posted in Fair Use, Non-Traditional Trademarks, Product Configurations, Technology, Trademarks, USPTO

Although the iPhone 6 was the headliner, Apple’s release of iOS 8 was a respectable supporting act. Unfortunately though, the negative headlines keep coming in as poor performance reviews have kept more than half of Apple users from downloading the new operating system (your dear author included among them). Apple received some additional bad news… Continue Reading

Coca-Cola’s Significant Interest in Zero Marks

Posted in Articles, Branding, Food, Genericide, Infringement, Law Suits, Loss of Rights, Marketing, Trademarks, TTAB, USPTO

Coca-Cola just announced it is introducing Coke Zero in India, which will make it the sub-brand’s 149th market in the world, a truly remarkable reach. As the popular Coke Zero brand is approaching its tenth anniversary in the U.S., it seems like a good time to explore Coca-Cola’s trademark position in COKE ZERO and COCA-COLA… Continue Reading

Amici Weigh in on “Right to Register v. Right to Use” Trademark Case at Supreme Court

Posted in Articles, Infringement, Law Suits, Trademarks, TTAB, USPTO

More than three months ago, we sounded the alarm about an important trademark case to consider the interplay between the right to register and the right to use a trademark: “Every so often there is a moment when trademark types, marketing types and brand owners need to pay close attention to where the law could be headed. Today, I’m… Continue Reading

Honey Badger Don’t Care, but the Owner of the Trademark Rights Do Care.

Posted in Articles, Branding, Food, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Trademarks, USPTO

We truly live in an amazing time, where nearly any person with access to a computer can obtain a nearly infinite amount of knowledge, create and distribute ideas and works of art to the entire world. Also, there are lots of cat videos and angry rants. YouTube is perhaps the most well-known and effective means… Continue Reading

Will Chick-fil-A, uh Chicken Out?

Posted in Almost Advice, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Social Media, Social Networking, Trademark Bullying, Trademarks, TTAB, USPTO

Just so you know, this is not the post I planned to write today. Hat tip to you, Bo! It has been exactly one year since Bo Muller-Moore — the “Eat More Kale” guy from Vermont — submitted a comprehensive 71-page response to the registration refusal based on “Eat Mor Chikin” issued by the USPTO… Continue Reading

Put it on Ice: ALSA Abandons ICE BUCKET CHALLENGE Trademark Applications

Posted in Branding, Fair Use, First Amendment, Goodwill, Marketing, Social Media, Trademark Bullying, Trademarks, USPTO

(Bill Gates putting his own spin on the ice bucket challenge) So there is a thing called the ice bucket challenge. In case you haven’t heard of it, you can read about it here (while you’re at it, you may want to read up on the internet, color television, and greek yogurt). In fact, Matt… Continue Reading

A Less Possessive Hershey’s Brand?

Posted in Branding, Food, Marketing, Trademarks, Truncation, USPTO

The possessive form of the Hershey’s brand dates back to at least as early as 1894, according to U.S. Reg. No. 54,041 – a more than 100 year old trademark registration from 1906. Last week, Brand New reported on Hershey’s new logo and corporate identity – without the apostrophe and letter “s” at the end: I’m guessing that the possessive form… Continue Reading