Trademarks, F@#K Yeah!
Once upon a time, in the olden days, the U.S. Patent and Trademark Office wouldn’t let applicants register trademarks for expletives. It was considered immoral and scandalous under the Lanham (Trademark) Act. This was challenged by Erik Brunetti, an artist and designer who had been trying to register the word FUCT for clothing. And guess […]
Lamar Jackson and Travis Kelce: Who’s Winning at the Trademark Office?
The NFL season kicks off on Thursday when the Ravens take on the Chiefs in Kansas City. Storylines abound. Can the Chiefs three-peat? Is this the year that Lamar Jackson finally wins a Super Bowl? Will Patrick Mahomes complete another behind-the-back pass? The game also features two of the NFL’s most prolific filers of federal […]
Political Trademarks: The Consent Requirement You Can’t Ignore
The presidential campaign is heating up, and so is the number of political trademark applications being filed. Recently, several trademark applications related to Kamala Harris and Donald Trump have been submitted, including: Not surprisingly, the candidates did not authorize these applications. So what will happen to them? The USPTO will issue letters called “Office Actions” […]
How Cost-Conscious Online Sellers Can Save Money on USPTO Filing Fees
If you’re an online seller, finding ways to save on expenses can boost your bottom line. When it comes to trademark applications, the way you file with the U.S. Patent and Trademark Office (USPTO) could significantly impact how much you pay in filing fees. With a bit of planning, you can simplify the process and […]
OpenAl Dukes it Out with the USPTO over the CHATGPT Trademark
ChatGPT is one of the most popular AI chatbots in the world. However, the U.S. Patent and Trademark Office is unimpressed. In 2022, ChatGPT’s supreme overlord owner, OpenAI, filed an application to register CHATGPT as a trademark for downloadable and online software. The USPTO rejects applications for registration on the Principal Register if they are […]
Brand Protection on TikTok: What You Need to Know
Even though Amazon and Walmart are the dominant players in the e-commerce industry, newer platforms like TikTok are becoming more popular with young folks (and some intrepid GenX-er’s like Bill Ferrell). For less intrepid GenX-er’s like myself, I thought TikTok’s killer feature was making viral sensations of people like the “Hawk Tuah” girl. However, TikTok […]
Brand Protection on Walmart: What You Need to Know
If you sell on Amazon, you should be familiar with the Amazon Brand Registry, which helps brand owners protect their trademarks on Amazon. Enrollment gives brand owners access to powerful tools, including proprietary text and image search, and increased authority over product listings with their brand name. Amazon launched the first version of the registry […]
Pizza by Alfredo vs. Alfredo’s Pizza Café: Trademark Lessons from The Office
Part of my job is trademark enforcement, which typically involves sending cease-and-desist letters to infringers. Some lawyers take a slash-and-burn approach, threatening to rain legal hellfire down on the infringer if they don’t cease and desist. Others prefer an academic format, with letters that resemble a legal treatise on trademark infringement and unfair competition. Personally, […]
The Myth of Early Access to the Amazon Brand Registry
The Amazon Brand Registry helps brand owners protect their trademarks on Amazon. Enrollment gives brand owners access to powerful tools, including proprietary text and image search, and increased authority over product listings with their brand name. Amazon also runs an “IP Accelerator Program” that connects brand owners with a small network of law firms that […]
Trademarks For Dog People
Before starting our law firm, we spent several hours brainstorming names. We didn’t want to use the traditional law firm naming convention of using the surnames of the founding partners. As trademark lawyers, we push our clients to select distinctive trademarks. They are the best and strongest trademarks from a legal perspective. So, we wanted […]