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Tag Archives: Tucker Chambers

Update: “Square Donuts” Dispute Headed to Settlement

Posted in Branding, Infringement, Loss of Rights, Marketing, Mixed Bag of Nuts, Trademarks, TTAB, USPTO

Earlier this year I posted about a trademark dispute regarding the use of the term “Square Donuts” for square-shaped donuts. The case involved proceedings both in federal court and at the Trademark Trial and Appeal Board (TTAB), between the Square Donuts cafe in Indiana (which claimed decades of prior use and a trademark registration); and the… Continue Reading

Watch Out: Unauthorized Changes in USPTO and Amazon Brand Records

Posted in Almost Advice, Technology, USPTO

Trademark owners should beware of a scam involving the Amazon Brand Registry. There have been several reports of rogue users exploiting the Amazon Brand Registry through the unauthorized modification of trademark registration records at the U.S. Patent and Trademark Office (USPTO). These scammers are submitting fraudulent requests to change the email addresses for trademark registrants,… Continue Reading

Update #2: No Mo MoMaCha (For Now)

Posted in Almost Advice, Infringement, Mixed Bag of Nuts, Trademarks

There’s been a major update in the trademark infringement lawsuit brought by the Museum of Modern Art (“MoMA”) against the cafe and art gallery, MoMaCha in New York City. MoMA’s motion for a preliminary injunction was recently granted by Judge Louis Stanton of the Southern District of New York. As we discussed previously, the infringement allegations by MoMA were compelling, and it appears… Continue Reading

Wine Spectator v. Weed Spectator – Is Wine Related to Cannabis?

Posted in Dilution, Infringement, Mixed Bag of Nuts, Trademarks

M. Shanken Communications, publisher of Wine Spectator — a popular magazine, website and mobile application that offers wine ratings on a 100-point scale — has filed a lawsuit against California-based Modern Wellness, Inc., based on that company’s use of “Weed Spectator” for ratings of cannabis. The federal complaint, filed in New York, alleges claims including trademark infringement,… Continue Reading

LOL? Why Is P&G Seeking Registration of Three-Letter Acronyms for Soap?

Posted in Branding, Mixed Bag of Nuts, Trademarks, USPTO

Procter & Gamble (P&G) has filed federal trademark applications to register several well-known (at least among millennials) acronyms used in text messages, including LOL (laughing out load); NBD (no big deal); WTF (what the f***); and FML (f*** my life). The applications identify cleaning products, including liquid soap, dish detergents, surface cleaners, and air fresheners. P&G’s products… Continue Reading

Update: MOMACHA Triples Down, Expanding Despite Infringement Claim

Posted in Almost Advice, Infringement, Trademarks

Earlier this year, the Museum of Modern Art in New York City, known as “MoMA,” sued a cafe and art gallery, MoMaCha, also located in New York City, asserting claims of trademark infringement, trademark dilution, and unfair competition. As discussed in my post a couple months ago, although MoMaCha has some well-founded arguments and defenses, the allegations… Continue Reading

Golden Knights Trademark Dispute Finally Resolved

Posted in Agreements, Mixed Bag of Nuts, Trademarks, TTAB, USPTO

Another update on my long-running series of posts following the NHL’s newest hockey team, the Las Vegas Golden Knights, and their embattled trademark applications for VEGAS GOLDEN KNIGHTS that were filed nearly two years ago. Most recently I posted about a challenge to the trademark applications by the U.S. Army, who opposed registration of the VEGAS GOLDEN… Continue Reading

Laches Defense Applies to Cancellation Actions – Cosmetic Warriors v. Pinkette Clothing

Posted in Infringement, Mixed Bag of Nuts, Trademarks, TTAB

In Cosmetic Warriors v. Pinkette Clothing, the U.S. Court of Appeals for the Ninth Circuit filed an opinion a couple weeks ago, reconfirming that the equitable defense of laches (unreasonable and prejudicial delay in bringing a lawsuit) applies in trademark cancellation actions, even though the U.S. Supreme Court has recently curtailed that defense in copyright and patent… Continue Reading

It’s Not a Wonderful Trademark Examination

Posted in Articles, Branding, Food, Infringement, Marketing, Trademarks, USPTO

It’s a wonderful life, collaborating with brand owners and marketing teams to advance their goals. Our work for brand owners also involves a collaboration of sorts with the U.S. Trademark Office. We work with the USPTO to obtain registrations for our clients and this triggers USPTO obligations. As such, when examining applications, the USPTO must search its records for… Continue Reading

Copyright Law on Embedded Images Gets Blurrier – Goldman v. Breitbart

Posted in Copyrights

A few months ago, a federal district court in New York held that several publishers violated a photographer’s copyright when they embedded a photograph from one of the photographer’s Twitter posts. Goldman v. Breitbart News Network, No. 17-CV-3144 (KBF) (S.D.N.Y. Feb. 15, 2018). The photographer, Justin Goldman, had sued Breitbart News Network, TIME Inc., The Boston… Continue Reading

“Square Donuts” – Generic for Cafe Services?

Posted in Branding, Infringement, Law Suits, Loss of Rights, Mixed Bag of Nuts, Trademarks, USPTO

Two businesses in Indiana are squaring off in a trademark lawsuit over the right to use the term Square Donuts for…well, square-shaped donuts. Back in 2005, Square Donuts, a cafe with four locations in Indiana, sent a letter to Family Express (a convenience store chain with 70 locations in Indiana), demanding that Family Express cease… Continue Reading

M22/Michigan Road Sign Dispute: The Saga Continues

Posted in Branding, Mixed Bag of Nuts, Trademarks

My first post on this blog, nearly two years ago, was about a trademark dispute between the State of Michigan, and a Michigan company, M22, LLC.  M22 sells a variety of merchandise bearing an “M22” mark that appears similar to the route marker signs on Michigan Highway M-22, see photos below. M22 was granted several federal trademark registrations, including… Continue Reading

The USPTO Goes to Washington

Posted in Trademarks, TTAB, USPTO

Last week, the U.S. Senate Judiciary Committee held its oversight hearing regarding the U.S. Patent and Trademark Office (USPTO). New USPTO Director Andrei Iancu testified (see his written statement here), for the first time in his new official capacity. It was an interesting hearing–a video recording of the hearing is available here (starting at minute 16)…. Continue Reading

Registration of a Very Personal Brand Name

Posted in Advertising, Articles, Branding, Marketing, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking, Television, Trademarks, USPTO

How much do I believe in federal registration of trademarks and brand names? Well, this much: I’ve always been a big fan of practicing what you preach. Actually walking the talk. Not just talk. That mindset helps explain why we stuck with the suggestive name of this blog, even after the experts recommended against it several times, for SEO and… Continue Reading

Update: Stone Brewing v. MillerCoors – Answer and Counterclaims

Posted in Branding, Infringement, Law Suits, Mixed Bag of Nuts, Trademarks

A couple months ago, I posted about the contentious trademark battle involving Stone Brewing Co., a craft brewery based in California, who filed a trademark infringement complaint against giant beer conglomerate MillerCoors LLC and Molson Coors Brewing Co. (“MillerCoors”). The complaint is based on the recent rebranding of the MillerCoors “Keystone” beer, which separates and places greater… Continue Reading

Update: PayPal v. Pandora Settlement

Posted in Agreements, Branding, Famous Marks, Law Suits, Mixed Bag of Nuts, Trademarks

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… Continue Reading

Stone Brewing v. MillerCoors: A Key(STONE) Trademark Battle

Posted in Branding, Infringement, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

Stone Brewing Co., an independent craft brewery based in California, has filed a trademark infringement complaint against MillerCoors LLC and Molson Coors Brewing Co. (collectively “MillerCoors”). The complaint is based on the recent rebranding of the MillerCoors “Keystone” beer. The rebranded packaging separates “Keystone” into two words, with the smaller word “KEY” on a separate… Continue Reading

Army v. NHL – Another Challenge for Vegas Golden Knights

Posted in Mixed Bag of Nuts, Trademarks, TTAB, USPTO

Another update on my series of posts following the trademark troubles of the NHL’s newest expansion team, the Las Vegas Golden Knights. Most recently, I posted about the USPTO’s decision to maintain a refusal to register the team’s marks in connection with clothing, LAS VEGAS GOLDEN KNIGHTS and VEGAS GOLDEN KNIGHTS (Applicant Nos. 87147236, 87147265), based… Continue Reading

Torchy’s “Damn Good” Trademark Bullying…Or Not?

Posted in Branding, Infringement, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Trademark Bullying, Trademarks

A few weeks ago, a Mexican restaurant in Fort Collins, Colorado, named “Dam Good Tacos,” agreed to change its name based on a settlement in a trademark dispute with another Mexican restaurant, Torchy’s Tacos. Torchy’s Tacos owns a federal trademark registration for the mark “DAMN GOOD TACOS” (Reg. No. 4835497) for restaurant services. After learning of the Dam… Continue Reading

Call of Duty Trademark Lawsuit: A Humvee Humdinger

Posted in Branding, Fair Use, Famous Marks, First Amendment, Infringement, Mixed Bag of Nuts, Trademarks

AM General, manufacturer of Humvee military vehicles, has sued Activision Blizzard for trademark infringement, based on the use of the “Humvee” and “HMMWV” marks for the virtual military vehicles displayed in Activision’s Call of Duty video games. See the complaint here, filed last week in the Southern District of New York. For those of you who are not avid… Continue Reading

E-Sports Trademark Updates: MLB, Blizzard, ELEAGUE, and adidas

Posted in Branding, Infringement, Trademarks, TTAB

With the growing popularity of e-sports (multiplayer video-game sports competitions, often played by professional gamers for spectators–also stylized “eSports”), I’ve seen an increasing number of trademark disputes not only between video-game companies, but also between video-game companies and other non-electronics businesses selling physical goods or services.  It is interesting to observe the arguments regarding bridging the… Continue Reading