Trademark Registration

We sounded the alarm exactly six months ago about a trademark case of great importance to brand owners: . Earlier this week, the U.S. Supreme Court heard oral argument in the case, and here is a link to the transcript (hat tip to Draeke).

As you will recall,

Last month, you will recall we wrote about the important difference between the right to register a trademark and the right to use a trademark, here and here.

Despite the fact that in most cases, a “likelihood of confusion” test governs both determinations, the right to use and the right to register are not

Lately we’ve been discussing more and more the difference between the right to register a trademark and the right to use a trademark. In many trademark disputes the perfect forum for an amicable resolution is the Trademark Trial and Appeal Board (TTAB) of the USPTO.

The TTAB can be a cost effective forum for parties

Every so often there is a moment when trademark types, marketing types and brand owners need to pay close attention to where the law could be headed. Today, I’m sounding the alarm.

If the U.S. Supreme Court decides to follow the advice it recently sought and received from the U.S. Solicitor General (SG) of the

When getting your wings might give you trouble from the one that gives you wings:

Looks like Red Bull — owner of federally-registered rights in Gives You Wings — is considering a trademark opposition to prevent registration of Get Your Wings by Victoria’s Secret.

Interesting and unlikely adversaries to say the least.

Any predictions

Over Thanksgiving weekend, I had the pleasure of visiting my grandmother’s farmhouse in northwest Iowa. I don’t think I had been there in probably five years, as she had been living in California for most of that time.

Upon entering, I was immediately taken back to my childhood. Nearly everything was exactly the same. The

As many anxiously await the Trademark Trial and Appeal Board’s (TTAB) decision in Blackhorse v. Pro Football, Inc., a trademark cancellation action seeking to revoke six federal service mark registrations containing the R-Word (issued between 1967 and 1990), the pressure is mounting for the NFL team located near our Nation’s Capital to stop