Protecting Your Brand Name from Trademark Pirates

File early. This doesn’t just apply to US trademark applications, which are handled on a first-come, first-served basis. File early in other countries, too. Otherwise, you might have your trademark hijacked. The US is a “first to use” jurisdiction. This means that whoever first uses a trademark in US commerce has priority, regardless of whether […]
Gearing Up for The Big Game

We’re just days away from Super Bowl LIX, I mean the 59th Big Game. This time of year, you need to be careful about how you refer to the Championship of American Football. That’s because the Gridiron Gala is protected by a bunch of federal trademark registrations: Mark Goods/Services SUPER BOWL Reg: 846056 Serial: 72261119 […]
Future Proof Your Trademark With a Phantom Element

One of the fundamental principles of trademark prosecution is that the proof of trademark use must match the applied-for mark. So, for example, if the applied-for mark is 2025 BILL FERRELL EXCELLENCE IN AMATEUR RADIO AWARDS, then the mark in the proof of use must match. Proof of use showing the mark as 2024 BILL […]
Trump Making Waves With Proposed Gulf Rebrand

New President. New trademark applications. They go hand in hand. Donald Trump made headlines on Monday when he said he was serious about renaming the Gulf of Mexico as the Gulf of America. Hillary Clinton’s response also made headlines: Setting aside the issue as to whether this is even possible, I would expect to see […]
Cutting-Edge AI, Old School Legal Tactics

Unless you’ve been living under a rock, you know that artificial intelligence is the hottest tech story of the 2020s. Like many of you, I started playing around with OpenAI’s ChatGPT last year, and I was blown away. I put it to good use by having it write silly songs about Bill Ferrell, tell me […]
Road Trips: The Good, the Bad, and the Buc-ee’s

The holidays are all about traditions. Some are fun like Christmas trees and presents. Some are a nuisance (ahem, elf on the shelf). Some are a means to an end like road trips. When I was growing up, we would take a road trip every year before Christmas from Baltimore to my grandparents’ house in […]
I Triple Dog Dare You to Read This Post

In the pantheon of Christmas movies, A Christmas Story ranks at the top for me. It’s partly because of volume. Thanks to the various marathons on TNT and TBS, I’ve seen it at least a hundred times. It’s partly because of the feels. Hilarious, nostalgic, sweet. Who doesn’t get a little misty when Ralphie’s dad […]
Outwit, Outlast, Outbrand

What is the greatest show in television history? Breaking Bad? Game of Thrones? The Wire? If you ask Kevin Hartley, there is only one answer: Survivor. Cue the music: “Ooo-Ahh, Ooo-Ahh, Ooo-Ahh-Ahh!” Today is a big day for Kevin. The Season 47 finale airs tonight. Who’s going to win? Rachel is the favorite, but don’t […]
Winning the Trademark Battle, Losing the PR War: University of Cincinnati vs. Cheatham Middle School

In the United States, trademark owners are responsible for enforcing their trademark rights. Enforcement efforts typically begin and end with a cease and desist letter from the rights owner to the (alleged) infringer. Cease and desist letters are not public documents. As such, they are often heavy-handed and overreaching with short-fuse deadlines. Presumably, the senders […]
The USPTO Practices What It Preaches: Why the Trademark Office Registered Its Own Trademarks

Businesses of every shape and size benefit from registering their trademarks with the U.S. Patent and Trademark Office. But what about the USPTO’s own trademarks? It finally got around to registering them a couple of years ago: So why did the USPTO even bother with registering its trademarks? For the same reasons as everyone else: […]