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Category Archives: USPTO

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Snickers Has a Cross Section TM Registration!

Posted in Advertising, Articles, Branding, Food, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Trademarks, USPTO

It is frequently becoming more and more difficult to remember all the topics we’ve covered here over the last — almost — nine years. A recent Snickers end cap display jogged my memory: Turns out, eight months into this little adventure we call DuetsBlog, I wrote a blog post called Delicious Trademarks: Candy Bar Cross-Section Trademarks? Then, a… Continue Reading

The Elvis Presley Estate Loses Bid to Block ELVIS JUICE Beer

Posted in Dilution, Famous Marks, Food, Infringement, International, Law Suits, Trademarks, TTAB, USPTO

Trademark disputes involving breweries are nothing new, with breweries battling each other, wineries, and even cities over trademarks. We can now add estates of dead celebrities to the mix, as the Estate of Elvis Presley continues its battle against UK-based BrewDog over its ELVIS JUICE I.P.A. The Elvis Estate first attempted to resolve the dispute… Continue Reading

Green Bay Packers Enforce “Titletown” Mark Against High School Football News Series

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, Infringement, Mixed Bag of Nuts, Sight, Trademarks, TTAB, USPTO

Tis’ the season for football, not just on the gridiron, but also at the U.S. Patent and Trademark Office. Shortly after the “Minneapolis Miracle,” as we reported this week, the Minnesota Vikings applied for registered marks on the phrase. And with the “big game” approaching, teams have titles on the mind–even those that aren’t in… 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

Dilly Dilly, Minnesota Vikings Going to Philly

Posted in Advertising, Articles, Branding, Food, Marketing, Television, Trademarks, USPTO

Wow, words don’t and could never describe the emotions behind the last ten second fourth-quarter TD and Vikings win over the New Orleans Saints — Who Dat Nation — last night in Minneapolis: Hat tip on the title, to a lubricated fan leaving U.S. Bank Stadium after the game — the whole Dilly Dilly thing seems kind… Continue Reading

Happy Birthday: TTAB Turns Sixty in 2018

Posted in Articles, Branding, First Amendment, Infringement, Marketing, Mixed Bag of Nuts, Trademark Bullying, Trademarks, TTAB, USPTO

We follow closely and write a lot about what goes on with the Trademark Trial and Appeal Board (TTAB) at the U.S. Patent and Trademark Office (USPTO); these ironmongers do too, really well. Serious trademark and brand owners care about TTAB decisions because many trademark disputes begin and end there, as the TTAB determines the important… Continue Reading

Happy (Registered Trademark) Holidays!

Posted in Branding, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, Trademarks, USPTO

December is one of the largest shopping months of the year, due mostly to the overlap of multiple major holidays, such as Hanukkah and Christmas, and the coming new year. It is perhaps unsurprising, then, that several companies and creatives invoke the spirit of the holidays through festive marks–to great financial gain. But you might… Continue Reading

Does Erik Brunetti Have Ford’s Attention Yet?

Posted in Articles, Branding, Famous Marks, Fashion, First Amendment, Marketing, Trademarks, USPTO

Last Friday was a big day for Erik Brunetti. He won his appeal at the CAFC, opening the door to federal trademark registration of his four-letter-word “fuct” clothing and fashion brand name. The same door swung wide open for all other vulgar, scandalous, and immoral designations used as trademarks, because the 112-year old registration prohibition… Continue Reading

Beer Brand Battles: David Takes on City Hall (with Goliath on the sidelines)

Posted in Copyrights, Fair Use, Food, Infringement, Trademarks, USPTO

The City of Portland is known as a hub for craft beer, and its local government couldn’t be prouder. The Travel Portland website proudly proclaims that Portland is “home to more breweries than any other city on earth.” Yet the city’s relationship with the local craft beer scene is not so bubbly at the moment,… Continue Reading

Supreme Court Justices’ Questions in Oil States Suggest Inter Partes Review Will Be Upheld as Constitutional

Posted in Articles, Civil Procedure, Infringement, Law Suits, Patents, USPTO

On Monday, November 27, 2017, the U.S. Supreme Court heard argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712. The case presents a direct challenge to the U.S. Patent and Trademark Office’s (“USPTO’s”) “inter partes review” (“IPR”) process, under which third parties can petition the USPTO’s Patent Trial and Appeal… Continue Reading

DYKES ON BIKES No Longer Idling After Matal v. Tam

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

Simon Tam wasn’t the only one barred by the Lanham Act from reclaiming a historically derogatory term. Dykes on Bikes is a nonprofit lesbian motorcycle organization.  According to their website, the group’s mission is to “support philanthropic endeavors in the lesbian, gay, bisexual, transgender, and women’s communities, and to reach out to empower a community… Continue Reading

The Hidden Section 2(f) Claim

Posted in Articles, Guest Bloggers, Mixed Bag of Nuts, Patents, Squirrelly Thoughts, Trademarks, USPTO

-Wes Anderson, Attorney Hello (again) DuetsBlog! Readers may have noted my recent absence from the blog. I recently embarked on a new stage of my career as in-house corporate counsel, and Steve gave me the opportunity to contribute as a guest blogger. Even in my in-house role, I remain a trademark law hobbyist. One of… Continue Reading

Rosland Drops “What’s in Your Safe” Tagline?

Posted in Advertising, Articles, Branding, Marketing, Television, Trademarks, USPTO

Cause and effect is difficult to establish when all the relevant facts have not been assembled. We certainly don’t claim to have all of them here, with Rosland Capital’s current TV commercial. But, it was easy to wonder about timing, after noticing William Devane’s omission of the previous “What’s in Your Safe?” tagline in favor of “Are You Safe?” — especially given… Continue Reading

Branding Stories Around The Lack of Memory

Posted in Advertising, Articles, Branding, Marketing, Squirrelly Thoughts, Television, Trademarks, USPTO

I’ve been meaning to write about a TV commercial for a while, but I keep forgetting to do it. Perhaps I need the very product being advertised in the commercial, because what gained my attention was the clever tagline following the brand name: Prevagen. The Name to Remember. Given the goods being sold, it struck… Continue Reading

Some Subtle Stories Make Great Trademarks

Posted in Advertising, Articles, Branding, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Trademarks, USPTO

One of my passions is to find common and favorable ground between legal and marketing types. One of the readings during week three of Seth Godin’s intensive altMBA workshop reminded me of a great example to illustrate how a valid marketing goal can align with strong legal protection. An excerpt from Seth’s All Marketers are Liars book was… Continue Reading

Does getaroom Make U Want 2 BookaRoom?

Posted in Advertising, Articles, Branding, Marketing, Trademarks, USPTO

A tv commercial for yet another hotel booking website just caught my eye, called getaroom: This one was founded by a pair of lawyers, in fact, the same duo that founded Hotels.com. I was left wondering whether getaroom is federally-registered, and it is, for “providing travel lodging information services and travel lodging booking agency services… Continue Reading

Owning a (Wholesome) Four Letter Word

Posted in Advertising, Articles, Branding, Fashion, Marketing, Trademarks, USPTO

I’m not talking about those kinds of four letter words (by the way, we’re still awaiting the Brunetti decision to learn their fate), so today I’m talking about this wholesome kind: Inquiring minds may wonder (and interested alumni) how the University of Iowa might go about owning federally-registered rights in the word IOWA to convert that ™ symbol… Continue Reading

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part III

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, First Amendment, Marketing, Trademarks, TTAB, USPTO

Of course, loyal readers have been eagerly awaiting Part III of the series (see Part I and Part II) focusing on Tam’s intersection of federal trademark registration and the First Amendment. In terms of the certain and practical implications flowing from the decision, it opens the door to a host of new trademark applications containing religious and… Continue Reading

Are pretzel crisps crumbling into genericness?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, TTAB, USPTO

Marketing types and legal types who review labels, be well advised to choose words used carefully. In other words, if you believe you own rights in Pretzel Crisps as a trademark, it’s not wise to use the number of so-called “Crisps” as the serving size, especially with no trademark notice symbol. Frito-Lay’s successful 2014 generic… Continue Reading