Tiger Woods’ new venture, Sun Day Red, is facing a trademark dispute from Tigeraire, which alleges that the Sun Day Red logo is too similar to its own. This dispute underscores a common issue in trademark law: trademark weakness. A mark’s strength is measured by its conceptual strength (that is, its distinctiveness) and its commercial strength (its […]
One common pitfall applicants face when it comes to trademarks is choosing marks that are deemed geographically descriptive. Though seemingly straightforward, this concept has significant legal implications, often serving as a barrier to trademark registration. So, what exactly is geographic descriptiveness in trademarks, and why does it matter? What is Geographic Descriptiveness? A trademark is […]
Meghan Markle’s recent efforts to launch a new lifestyle brand under the name “American Riviera Orchard” have hit a procedural snag. Earlier this year, her company, Mama Knows Best, LLC, filed a trademark application with the United States Patent and Trademark Office (USPTO) to protect the brand name for a variety of products, including kitchenware, drinkware, and […]
In today’s competitive marketplace, brands are constantly seeking new ways to stand out and connect with consumers on a deeper level. While traditional trademarks—such as logos, names, and slogans—remain powerful tools for brand protection, the rise of sensory trademarks marks a significant evolution in the world of intellectual property. Sensory trademarks go beyond the visual […]
Using the correct trademark symbols is vital for several reasons. First, proper use of trademark symbols can help establish and protect your trademark rights. Second, it can be important in legal disputes over the ownership and use of a trademark. Third, because trademarks are key to brand recognition, consistent and correct use of trademark symbols […]
As a band, establishing a strong and recognizable brand is crucial for long-term success. One of the key steps in protecting your brand is filing a trademark application. A trademark not only safeguards your band’s name and logo but also ensures that your unique identity is protected against unauthorized use. When filing a trademark application, […]
Navigating the world of trademarks can be a labyrinthine endeavor. As a trademark attorney, I’ve encountered numerous pitfalls and challenges that businesses and individuals alike face when trying to protect their brands. Through my experience, I’ve identified five critical missteps to avoid in this intricate field. Here are five things I wouldn’t do as a […]
It’s hard to believe that a late-night street interview on the wild streets of Nashville could unleash a bar exam’s worth of trademark issues, but that is precisely what is unfolding with the internet’s latest superstar, “Hawk Tuah Girl.” The Hawk Tuah Girl is Hailey Welch, who gained internet fame after a humorous and candid […]
Bears have always been my favorite wild animal, so I was stoked to find out that black bears have been spotted in Middle Tennessee and even in Nashville. As sightings began to spread from Spring Hill to counties north of Nashville, my happiness turned to concern. What should I do if I happen upon a […]
Here in The Tree, we love Apple products. We anxiously await any new updates to the hardware or software. We are also goofballs, so we were very excited to download iOS 12 and use the new Memoji feature. “Memoji” is a portmanteau of “me” and “emoji”. The feature allows you to shoot live video of […]
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