Back in the 1960s, Pepsi burst onto the scene by announcing to the youth of decade that they were the Pepsi Generation (they didn’t have a choice). Then, in the 1980s, Pepsi became “The Choice of a New Generation.” And finally, in the late 1990s, Pepsi hitched their trailer to the surely-to-never-go-out-of-style Spice
Meet Batman’s New (Trademark) Nemesis: Rihanna
After making (and remaking (and re-remaking)) movies, sequels, and prequels for nearly every comic book character in its library, it appears that DC Comics has finally found a new foe for its Batman franchise: music and fashion superstar Rihanna. The parties are squaring off at the Trademark Trial and Appeal Board over Rihanna’s application to
Use of NAVAJO – Is Urban Outfitters Infringing or Not?
Battles continue to wage over use of the “Navajo” and “Navaho” marks in New Mexico federal court. The Navajo Nation (“the Nation”) sued Urban Outfitters and its subsidiaries, including one of my favorite retailers, Anthropologie, (collectively “Urban Outfitters”) in 2012. The suit is now heating up with motion practice. The complaint alleges that Urban Outfitters
Trademark vs. Copyright: Avoid the HAVOC
-Wes Anderson, Attorney
I’ve come across yet another college-hoops related trademark dispute — but what’s even more interesting is the way the AP covered the story. It’s a reminder that we IP lawyers can and must dispel any public confusion between the different forms of intellectual property.
Shaka Smart, the longtime basketball head coach at
The Juice Runs Out for Yankee Parody Trademarks
A good general business practice is to apply to register trademarks early. You’ll find out if there is an issue. You’ll have time to change rather than having to take everything off the shelf under the threat of a lawsuit. Yet a recent decision from the Trademark Trial and Appeal Board in New York Yankees
Remember the Alamo® but Don’t Forget the License.
With hard pressed economic times, state and local governments have turned to new sources of revenue: intellectual property licensing. The City of New York has been in the game for decades, licensing use of its the I ♥ NY symbol. San Francisco enforces its rights in the image of its BART transit pass.
Imported from “Dertroit”
-Wes Anderson, Attorney
Readers of the blog know the dangers of selling unlicensed apparel and the oft-litigious stance of Major League Baseball when it comes to defending its marks. But a recent viral t-shirt phenomenon may just be one time the MLB should call off the dogs — or the “BEISBOLCATS,” as it were.
The
Really, Seriously? Frat boys, Go Home to Mommy (Patagonia Sues To Shut Down ‘Fratagonia’ Line)
—Aaron Keller, Managing Principal, Capsule
Unfortunately, the phrase “frat boy” or “fraternity” has been dealt another cultural blow by some less-than-impressive gents launching a ‘Fratagonia’ line of clothing. My hope is they are freshmen and just haven’t taken a semester of business law yet. But, likely there are other senior “should know better”
Super Inspire Me!
I had the great fortune to attend the recent FUSE conference held in Chicago for design and branding professionals, and see Oscar-nominated documentary filmmaker Morgan Spurlock speak.
My friend on the left is Kitty Hart from Capsule, who blogged about FUSE in the post entitled “Day 3: A Morning of Design Heroes.” My
The Big Dance Around Trademark Madness
– Draeke Weseman, Weseman Law Office, PLLC
Last week, the Chicago Sun Times profiled Loeb & Loeb attorney Douglas Masters, the NCAA’s outside counsel in charge of trademark enforcement during March Madness. Licensing the official sponsorships is big business, and enforcement demands require Masters to send out hundreds of cease-and-desist letters to both accidental infringers