Yeah, we usually mean this Apple, when we spill digital ink, not today, instead the edible varieties:
Hat tip to Erik Pelton who tweeted about the federal registration of LUDACRISP for fresh apples.
We know something about non-ludicrous trademark protection for apples > First Kiss and Rave.
They are newly minted brands
One of the most common defenses to patent infringement is that the asserted patent is invalid. The reasons for invalidity regularly range from lack of utility, to incorrect inventorship, and even to fraud (as I’ve recently written about). Often, the defendant asserts that the patent is invalid for lack of novelty or non-obviousness–pointing
We recently checked out a new restaurant in Minneapolis’ growing North Loop area, called Red Rabbit, what a great spot:
The menu cleverly refers to the salad options as “Rabbit Food” — and the Italian Chopped salad spoke to me, but one of the listed “ingredients” left me wondering “what’s a peppadew”?
Not
— Jessica Gutierrez Alm, Attorney
Have you ever seen an ad for something and thought to yourself, “Hey, I had that idea years ago!” Some people take that thought a step further. One Florida man claims to have invented the iPhone in 1992, and is suing Apple to the tune of over $10 billion.
A little nominative trademark fair use might have saved these little gems from going right back to Costco, as gently used merchandise, with opened and not so gently mangled packaging to boot:
Little did I know when grabbing this impulse item at Costco over the weekend (without my expert child companions) that — after anxiously
We cover a lot of topics related to nominative fair use of trademarks, see here, here, and here for some of those discussions. Does the example below on product packaging from J. Crew qualify for fair use of the iPhone 6 mark?
The International Trademark Association would say so: “In general, the
-Martha Engel, Attorney
Emojis – those cute images you may find in a keyboard on your Android or iPhone device – have changed the way many people communicate thoughts, ideas, feelings and concepts. They can add a certain level of pizzazz to an otherwise ordinary text message, Facebook post, or tweet. And, if I may
When the iPhone 6s was announced, the 3D touch was a heavily touted feature. The touch screen can now sense how hard you’re pushing. Functionally, it’s a great improvement that gives users new ways to interact with programs. But a new trademark application filed by Apple on August 18, 2015 suggests that this may not
-Martha Engel, Attorney
If you are a member of the Cult of Apple, like tech, or even just watch the news, you’re probably aware that yesterday was Apple’s big fall event where they announce new product launches and updates. The event showcased a new iPhone with enhanced photo features (as this Wired article aptly puts
– Mark Prus, Principal, NameFlash
I’m often asked by companies if they should change the name of a product, service or even the company itself. Here is my shortlist of 10 really good reasons to change your name: