As some of you may have noticed, one my esteemed colleagues, Jonathan Applebaum, recently wrote an entertaining and informative post regarding Major League Baseball Player Bryce Harper’s efforts to trademark the phrase, “That’s a clown question, bro.” This was just the most recent example of so called catch phrase trademarks where people have tried to
Dilbert Advocates Trademark Shape Depletion Theory
By Steve Baird® on
Remember the days when the color depletion theory justified courts and the U.S. Trademark Office in denying any federal trademark protection for single colors, per se?
This was the status of the trademark law for many decades, at least until the Court of the Appeals for the Federal Circuit disagreed in 1985 (In re Owens Corning …