DuetsBlog Collaborations in Creativity & the Law

Category Archives: USPTO

Subscribe to USPTO RSS Feed

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

Blue 42. Set. Trademark! I mean, Hike!

Posted in Articles, Branding, Fair Use, Famous Marks, First Amendment, Goodwill, Non-Traditional Trademarks, Product Configurations, Sound, Squirrelly Thoughts, Television, Touch, Trademarks, USPTO

Can you feel it? All around the country, fields are being groomed, stenciled, and painted. Tonight, the college football season begins with Georgia State taking on Abilene Christian in what could be a preview of one of hundreds of games that most of us don’t really care about. But like so many fans around the country, I’ll… Continue Reading

A Real Lulu of a Trademark Infringement Case

Posted in Articles, Branding, Food, Law Suits, Trademarks, USPTO

It’s that time of year again, the Minnesota State Fair is here, and trademark issues abound, again. We’re actually not covering the trademark fair issue we planned to cover today because we just caught wind of a lulu of a trademark infringement case filed on Friday of last week against a brand new 2014 fair vendor: Lulu’s Public House. This particular… Continue Reading

Hey Commish, Can You Trademark The (Fantasy Football) League?

Posted in Squirrelly Thoughts, Trademarks, USPTO

All around America, men will soon gather in front of their computers feverishly conducting research, generally wasting time, and participating in one of the manliest things they likely will do for quite some time:  their fantasy football league’s draft. Fantasy football is an $11 billion dollar industry (to put that into perspective, the NFL had… Continue Reading

I’m Gumby Dammit — A Flexible Trademark?

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

The Minnesota History Center is currently promoting its Toys of the ’50s, ’60s and ’70s exhibit — my favorite promotional billboard is the one captured above, featuring none other than Gumby. I can still remember my Gumby toy and watching the Gumby Show as a young child along with the Davey & Goliath television series, both… Continue Reading

Trademark Pronunciation Revisited

Posted in Articles, Branding, Marketing, Trademarks, TTAB, USPTO

Remember this little gem on trademark pronunciation from the DuetsBlog archives two years ago? Open Wide and Say Ahh: Probing Brand Name & Trademark Pronunciation Judging from a search of Google, the JD Supra version of this post has gotten lots of traction. Well, a few weeks ago the Court of Appeals for the Federal Circuit (CAFC) issued an interesting… Continue Reading

Navigating Trademark Oppositions and Cancellation Proceedings at the TTAB

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

Please join me for a live and informative 90 minute Strafford law webinar a week from tomorrow, on Wednesday August 13, at noon CST. The topic to be covered is “Navigating Trademark Oppositions and Cancellation Proceedings at the TTAB,” and here is a link for more information. For the discussion, I’m joined by two very capable TTAB… Continue Reading

A Window into the Future for Apple’s Trade Dress?

Posted in Branding, Idea Protection, Non-Traditional Trademarks, Trademarks, USPTO

A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks, shown below: (Each image links to the corresponding application on file with the U.S. Patent and Trademark Office – USPTO). Spoiler alert: This post contains the USPTO’s ultimate decision regarding the registrability of the design and layout of various… Continue Reading

Harley-Davidson Booze Coming Soon?

Posted in Branding, Food, Marketing, Non-Traditional Trademarks, Trademarks, TTAB, USPTO

With the 74th Anniversary of the famous Sturgis Motorcycle Rally less than a week away, it seemed like a good time to check in on recent Harley-Davidson trademark activity at the USPTO. As it turns out, a very interesting intent-to-use trademark application was filed just two weeks ago, seeking federal registration of the world-famous HARLEY-DAVIDSON word mark… Continue Reading