Yesterday in Seattle — where nearly 11,000, sleepless, brand protection, trademark, and IP professionals from 150 countries have registered and converged for INTA’s 140th Annual Meeting — yours truly had the distinct pleasure of sharing some thoughts on the intersection between federal trademark registration and Free Speech. Here are some before, during and after
Trader Joe’s Takes on Trademark “Schmo”
In recent USPTO news, Trader Joe’s, the supermarket chain known for its eclectic and unique foodstuffs, recently filed an opposition to registration of the mark “Trader Schmo,” which is described as designating a wide variety of Kosher foods. Understandably, Trader Joe’s took issue with the mark, and particularly its use in the
What Will Happen To The New Prince Songs
There is a battle brewing over songs by Minnesota’s own Prince. I, for one, am anxious for the dispute to be resolved so we can enjoy these recordings. Who knows, there may be another worldwide hit “Purple Rain” out there.
The initial lawsuit was brought by Prince’s company Paisley Park Enterprises, which is now owned
Uncertain Case of Google Trademark Fair Use
Aren’t digital advertising billboards amazing? My iPhone captured this rolling series of images just yesterday, for a health care organization using the Google trademark in the Minneapolis skyway:
My questions, permission, co-branding, no permission, but classic or nominative fair use?
Is Google flattered? Free advertising? Do they care? Should they care?
Tattoo Artists’ IP Rights Only Skin-Deep
— Jessica Gutierrez Alm, Attorney
WWE wrestler Randy Orton has some unique ink on his arms and back, created by tattoo artist Catherine Alexander. Orton—and his tattoos—are featured in the WWE 2K video games. Alexander claims ownership of copyright in the tattoos, and is suing WWE and the makers of the video games for
Glade No. 1, 2, 3, 4, and… Chanel No. 5?
Recently, a friend and I were watching The Bachelor—I know, I should be ashamed. During one of the commercial breaks, a spot appeared on-screen showing a woman wearing an elegant dress walking through a hallway. She turns into a doorway, and blue, shimmering light projects onto her face, as if she was underwater. A
Update: PayPal v. Pandora Settlement
Last year I posted about the trademark infringement complaint by PayPal against Pandora, based on Pandora’s rebranded “P” logo that was introduced in October 2016. See a comparison below of PayPal’s blue “PP” design mark (left) with Pandora’s blue “P” design mark (right).
Last November, the parties reached a written settlement agreement and stipulated to
Decision Invoking GAME OF THRONES – There Is No Middle Ground
A United States Magistrate Judge in Northern California relied on the Game of Thrones where there is no “Middle Ground” in rendering his decision to award attorneys’ fees for the work spent on all claims brought by former student athletes against the National Collegiate Athletic Association (“NCAA”). The student athletes were victorious on certain claims
The Elvis Presley Estate Loses Bid to Block ELVIS JUICE Beer
Trademark disputes involving breweries are nothing new, with breweries battling each other, wineries, and even cities over trademarks. We can now add estates of dead celebrities to the mix, as the Estate of Elvis Presley continues its battle against UK-based BrewDog over its ELVIS JUICE I.P.A.
The Elvis Estate first attempted to resolve
Green Bay Packers Enforce “Titletown” Mark Against High School Football News Series
Tis’ the season for football, not just on the gridiron, but also at the U.S. Patent and Trademark Office. Shortly after the “Minneapolis Miracle,” as we reported this week, the Minnesota Vikings applied for registered marks on the phrase. And with the “big game” approaching, teams have titles on the mind–even those