Section 2(d) of the Trademark Act is the statutory basis for refusing registration based on likelihood of confusion with another mark. It is invoked on an ex parte basis by USPTO Examining Attorneys, and it is also raised in the context of inter partes cases between adversaries.
When an applicant seeking to register its mark
Just so you know, this is not the post I planned to write today. Hat tip to you, Bo!
It has been exactly one year since Bo Muller-Moore — the “Eat More Kale” guy from Vermont — submitted a comprehensive 71-page response to the registration refusal based on “Eat Mor Chikin” issued by
– Abby V. Reiner, Brand Director, Wounded Warrior Project
Fine (red) Lines
Nonprofits walk a fine line between wanting everyone to feel a part of the mission without allowing everyone to use its trademarks resulting in dilution or infringement of the brand. Sometimes the very well intentioned can do more harm than good. When a
Shopping with my daughter this past weekend on the Avenue des Champs-Élysées in Paris, on the way to the Arc de triomphe, we spotted this shop selling “I ♥ Paris” merchandise:
What do you make of this one, Tim, does it look familiar?
I’m thinking Mike Masnick of Techdirt, given his trademark bullying
As Chick-fil-A enters the Twin Cities market, it has begun another creative billboard campaign touting the “End of Burgerz — Koming Soon,” with no sign of the “Eat Mor Chikin” campaign, as of yet anyway. Bo Muller-Moore of Vermont — owner of the “Eat More Kale” trademark — probably would prefer that the
This past week I’ve been pondering a question of great importance: When might a straitjacket double as a life vest? The answer actually arrived last Monday during INTA’s “The Ethics of Trademark Bullying” panel discussion at the 135th Annual Meeting in Dallas, Texas.
In so many words, our good friend and wise guy
Minnesota is positioned once again to take legislative ownership of the “trademark bullying” debate. Putting aside the serious questions of whether new laws are needed and whether a state as opposed to a federal solution can have any meaningful impact, and despite the federal government’s recent focus on the perceived problem that ended
As many have written about before me, the NFL is quite protective of its rights in the SUPER BOWL trademark, so much so that some think it has earned the pejorative “trademark bully” label, so I spilled a little digital ink on the topic last year:
Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants to pull the plug and end the lawsuit it started in a walkaway (or
About a week ago I had the honor and pleasure of once again presenting the annual trademark review at the 11th Annual Midwest IP Institute in Minneapolis, Minnesota, with good friend and trademark guru Paul Mussell. And happily, TTABlogger John Welch once again graciously contributed the IP Book chapter on the Top Ten TTAB Cases