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Category Archives: Famous Marks

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Call of Duty Trademark Lawsuit: A Humvee Humdinger

Posted in Branding, Fair Use, Famous Marks, First Amendment, Infringement, Mixed Bag of Nuts, Trademarks

AM General, manufacturer of Humvee military vehicles, has sued Activision Blizzard for trademark infringement, based on the use of the “Humvee” and “HMMWV” marks for the virtual military vehicles displayed in Activision’s Call of Duty video games. See the complaint here, filed last week in the Southern District of New York. For those of you who are not avid… Continue Reading

Kim Kardashian Secures Hometown Advantage

Posted in Articles, Famous Marks, Fashion, Law Suits, Marketing, Product Packaging, Trademarks

Kim Kardashian West’s (“Kardashian’s”) company Kimisaprincess, Inc. won its motion to transfer a pending case against the company from Illinois to California. Danish makeup artist Kirsten Kjaer Weis (“KKW”) sued Kimisaprincess in Illinois alleging claims of trademark infringement, false designation of origin and unfair competition against Kardashian’s company. Kim Kardashian and her family are no… Continue Reading

University of North Dakota Abandons Sioux Mascot, but not Sioux Mark

Posted in Famous Marks, First Amendment, Loss of Rights, Mixed Bag of Nuts, Trademarks

The weekend of October 20-21, 2017, the Minnesota Golden Gophers and North Dakota Fighting Hawks traded wins in one of college hockey’s most competitive series. While watching the NCHC broadcast, an ad for the “Sioux Shop” appeared on screen. The ad explained that the Sioux Shop sells North Dakota fan gear at Ralph Englestad Arena… Continue Reading

What Is In A Name – A LOT!

Posted in Advertising, Almost Advice, Articles, Branding, Famous Marks, Fashion, Marketing, Product Packaging

The parent company of fashion giant Coach found out that there is a lot to a brand name. Coach’s strategic plan was to expand into a specialty retailer that would branch out beyond the COACH® brand.  To accomplish this strategy, Coach acquired both snazzy shoe company Stuart Weitzman and trendy Kate Spade & Co. In… Continue Reading

We can Keep Googling the GOOGLE Mark: Supreme Court Denies Cert

Posted in Famous Marks, Genericide, Mixed Bag of Nuts, Search Engines, Trademarks

Many of us have been eagerly waiting to see whether the Supreme Court would consider Google’s potential genericness. As Martha explained, the case began in 2012, after petitioners Chris Gillespie and David Elliot attempted to register hundreds of web domains that included the word “Google” together with a variety of different people, products, and brands… Continue Reading

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part III

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, First Amendment, Marketing, Trademarks, TTAB, USPTO

Of course, loyal readers have been eagerly awaiting Part III of the series (see Part I and Part II) focusing on Tam’s intersection of federal trademark registration and the First Amendment. In terms of the certain and practical implications flowing from the decision, it opens the door to a host of new trademark applications containing religious and… Continue Reading

Making Fair Use of the Super Bowl Trademark

Posted in Advertising, Articles, Branding, Dilution, Fair Use, Famous Marks, First Amendment, Infringement, Law Suits, Marketing, Trademark Bullying, Trademarks

Over the weekend, the Star Tribune continued the growing drum beat of understandable excitement for Super Bowl LII, as it steadily approaches U.S. Bank Stadium in Minneapolis. The article also plays the typical NFL-enabling drum beat of caution against local businesses that might see fit to fairly and truthfully reference the Super Bowl in some… Continue Reading

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part II

Posted in Articles, Copyrights, Dilution, Famous Marks, First Amendment, Trademarks, USPTO

As the drum roll proceeds to the upcoming Midwest IP Institute in Minneapolis and sharing the podium with Joel MacMull of the Archer firm (and Simon Tam fame) on Thursday September 28, in a few days, I’ll be making a stop south of the border, at the University of Iowa College of Law, where it… Continue Reading

Going Bananas Over the Eclipse

Posted in Advertising, Famous Marks, Food, Guest Bloggers, Look-For Ads, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts

–James Mahoney, Razor’s Edge Communications As I perused The New York Times on Sunday Aug. 20th, Chiquita Banana burst forth amid all the brouhaha reporting with a full page of the best ad I’ve seen in a long time. I feel sorry for those who missed it, because most of us can use a good belly… Continue Reading

My Namesake Triumphs: Tiffany & Co. awarded $19.35 million

Posted in Advertising, Branding, Famous Marks, Law Suits, Product Packaging, Trademarks

The four year saga ended (at least for now) with Tiffany & Co. being awarded for its vigorous fight to maintain its trademark and protect against genericide.  As previously reported, Tiffany & Co. filed suit against Costco Corporation (“Costco”) to protect its trademark with respect to engagement rings on Valentine’s Day in 2013.  (Read my… Continue Reading

Joust Do It? A New Form of Nike Battle Cry?

Posted in Advertising, Articles, Branding, Famous Marks, Marketing, Trademarks, TTAB, USPTO

By now, you’re familiar with my enjoyment in capturing and sharing new billboard signage that hits the streets of the Twin Cities. Question, what tagline might have inspired this one? Was the Minnesota Renaissance Festival inspired by Nike’s famous “Just Do It” tagline? Almost four years ago now, we noted — in this gem from… Continue Reading

Do You Even Trademark, Bro?

Posted in Dilution, Famous Marks, Infringement, Law Suits, Mixed Bag of Nuts, Trademarks

Two Bros are competing over their Bro meal delivery services. Jamie Giovinazzo is the owner of Eat Clean Bro, LLC, a meal delivery service providing “a convenient service that is designed to bring chef-prepared meals right to your front door.”  “Whether you are looking to lose weight, live a clean and healthy life, or build… Continue Reading

Titleist Trademark Tarnishment?

Posted in Advertising, Branding, Dilution, Famous Marks, Fashion, First Amendment, Squirrelly Thoughts

-Wes Anderson, Attorney During today’s first round of the Open Championship at Royal Birkdale, many a golf ball bearing the famous TITLEIST cursive script will be lofted into the heavens – meanwhile, back on the ground, the brand’s owner is attempting to stamp out a lewd parody of its trademark. An online golf apparel company,… Continue Reading

The Brand With 3 Stripes, Bands, or Stitches?

Posted in Articles, Branding, Famous Marks, Fashion, Infringement, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

We’ve written a lot over the years about Adidas’ three-stripe non-verbal, non-traditional trademark. Turns out, Adidas actually owns a federally-registered trademark for the verbal, spelled-out, look-for advertising equivalent too, called: The Brand With The 3 Stripes®. We haven’t until now probed the meaning of “stripe” though: “A long narrow band or strip, typically of the… Continue Reading

Sorry Justice Alito, “The Slants” is Not Okay

Posted in Branding, Famous Marks, First Amendment, Guest Bloggers, Law Suits, Mixed Bag of Nuts, Trademarks

– Jason Voiovich, Virtual Chief Marketing Officer, Vojvdec & Sigma According to the unanimous ruling by the US Supreme Court handed down last month, failing to allow registration of trademarks such as the “Redskins,” “Fighting Sioux” and “The Slants” violates the free speech clause of the First Amendment to the US Constitution. Writing for the… Continue Reading

You Get A Golden Ticket! You Get A Golden Ticket!

Posted in Advertising, Almost Advice, Branding, Famous Marks

-Wes Anderson, Attorney Now that the Fourth of July has come and gone, the bigger holiday is approaching – at least for Chicagoland expatriates in the Twin Cities. That’s right, next week marks the grand opening of Portillo’s Hot Dogs in Woodbury, Minn. For those not aware, Portillo’s is a chain of Chicago-style hot dogs,… Continue Reading

PayPal v. Pandora: Is Music Streaming Related to Financial Services?

Posted in Branding, Dilution, Famous Marks, Infringement, Law Suits, Mixed Bag of Nuts, Technology, Trademarks

PayPal, one of the world’s largest online payment companies, has brought a trademark infringement suit against Pandora Media, Inc., the provider of an online music streaming service and application. PayPal alleges that its blue “PP” design mark (below, left) is infringed by Pandora’s recently re-designed blue “P” design mark (below, right). The complaint alleges federal claims of false designation… Continue Reading

The Missing Apple Trademarks

Posted in Articles, Branding, Famous Marks, Marketing, Squirrelly Thoughts, Technology, Trademarks

-Wes Anderson, Attorney Far be it from me to criticize a company hoarding over $250 billion in cash reserves – but, hey Apple, why aren’t you filing trademark applications? Perhaps no company’s IP portfolio is of greater interest to the general public than Apple, Inc.’s colossus. (If you disagree, find me another website dedicated solely… Continue Reading

“Google” Still Not (Yet) Generic

Posted in Domain Names, Famous Marks, Genericide, Law Suits, Trademarks, USPTO

Last week the U.S. Court of Appeals for the Ninth Circuit issued a significant opinion on the topic of genericness, Elliott v. Google, Inc., No. 15-15809. The opinion affirmed a federal district court’s grant of summary judgment that “GOOGLE” trademark registrations (Reg. Nos. 2884502, 2806075) are not subject to cancellation for genericness. Genericness a.k.a. “genericide” occurs when… Continue Reading

What Famous Quarterback Named Elisha Allegedly Provided Fake Helmets To Sports Dealers?

Posted in Articles, Contracts, Counterfeits, Famous Marks, Law Suits

Elisha is the two time Super Bowl MVP New York Giants quarterback Eli Manning. Collecting equipment used, or uniforms worn, during an NFL game is big business. Young and old alike want these items to feel close to their favorite team or player. In a 99 page Amended Complaint, plaintiffs (including,  sports memorabilia collectors/marketers and… Continue Reading

April Thanksgiving for Ron’s March Accolades

Posted in Articles, Branding, Famous Marks, Mixed Bag of Nuts, Technology, Trademarks

Imagine my surprise as I was scanning some recent posts from some of the leading IP blogs — multitasking while watching the Zags beat South Carolina on Saturday evening — to find my brand name in the title of Ron Coleman’s recent post on his famous Likelihood of Confusion blog: “Steve Baird makes trademark blogging… Continue Reading

HAVANA CLUB: The Rum’s Back on Ice

Posted in Agreements, Branding, Counterfeits, Famous Marks, Food, Law Suits, TTAB, USPTO

-Wes Anderson, Attorney Last year, I blogged about the decades-long dispute for the HAVANA CLUB trademark in the United States. Nearly ten months later, well, its spirit lives on. To briefly recap: in one corner, Empresa Cubana Exportadora, an arm of the Cuban government, owns a registration for the HAVANA CLUB trademark. In the other corner,… Continue Reading

Parrotheads Can Rejoice As Jimmy Buffett Prevails In Trademark Dispute

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

Jimmy Buffett won a trademark dispute and precluded the applications for “Marijuanaville” marks from registering due to a likelihood of confusion with his famous MARGARITAVILLE® mark for clothing (including shirts and caps), nightclub services, and other goods and services. The Parrotheads, Jimmy Buffett fans, can rejoice in the win. The dispute involved pro se applicant… Continue Reading