Last week, Randy wrote about the “spectrum of trademark distinctiveness” and how generic terms cannot be protected as trademarks. This week, Taco John made news when it agreed to abandon its trademark registration for TACO TUESDAY for restaurant services after a recent challenge by Taco Bell alleging that TACO TUESDAY was generic and not entitled […]
When I first heard that Bed Bath & Beyond was shuttering, I shuddered to think about finding a new go-to place to buy Mahogany Teakwood candles. A moment later I realized that I was confusing the home goods store with Bath & Body Works. It wasn’t the first time I had confused the two alliteratively-named […]
Trademark attorneys often talk about how a trademark embodies the goodwill of a business. When I try to wrap my brain around the idea, I often think about my favorite part of the Harry Potter series. Toward the end of the series, Harry asks Professor Dumbledore whether something he is experiencing is real or happening […]
I have a bit of a sweet tooth. Just last week, my mother-in-law left a bag of pumpkin spice donuts at my house. The donuts didn’t survive the night. Unfortunately for donuts, they did not survive Dunkin’ Donuts’ recent rebrand either. Earlier this week, Dunkin’ Donuts made the announcement that it would be dropping the […]
As you may have noticed, around the Tree we love puppies, beards, football, and trademarks. This post is about all those things. Ryan Fitzpatrick is best known for two things, going to Harvard and his majestic beard. Also, from time-to-time, he plays like an elite quarterback. Filling in for the suspended Jameis Winston, Fitzpatrick has […]
tl;dr – You should always file a trademark application with the USPTO sooner rather than later. Last week, we wrote about when and how to oppose a trademark application. This week, trademark oppositions are back in the news. And, wouldn’t you know, it relates to football. In October 2017, the Jacksonville Jaguars filed an application […]
Instead of writing about blocked punts and kicks to start the football season, we keep writing about blocked letter trademarks. Last week, it was South Carolina’s “Blocked C” logo, this week it is (the) Ohio State trying to block a trademark application filed by the University of Oklahoma because it claims the trademark is confusingly […]
“It’s football time in Tennessee.” The famous words of Vol legend John Ward have been in my head all week. The “Voice of the Vols” passed away a few months ago, but he will be on the mind of every Tennessee fan all season. In the SEC, traditions fade slowly. Before I was a Vol […]
As Trust Tree’s resident bourbon expert* (sorry Bill & G) and Guns N’ Roses fan, I must uncork a post about the trademark dispute between Heaven Hill Distilleries, Inc. and Heaven’s Door Spirits, LLC that recently spilled over into a federal lawsuit. Heaven’s Door is named after the famous song by Bob Dylan, who has […]
In July, Cardi B and Offset introduced their daughter Kulture Kiara Cephus to the world. In August, a company registered to Offset filed an application with the USPTO to register Kulture’s name as a trademark. The application seeks to protect the mark KULTURE KIARA CEPHUS for use related to clothing, entertainment services, and merchandise, among […]
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