Meghan Markle Royally Screws up Trademark Application

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 […]

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” […]

Trademarks for Bands

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, […]

Five Things I Wouldn’t Do as a Trademark Attorney

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 […]

CHATGPT Describes Being Refused as a Descriptive Trademark

In February, OpenAI OpCo, LLC, received a final refusal of its trademark application for CHATGPT. The deadline for OpenAI to respond to the refusal is in August. Like any good law blogger, I gave CHATGPT the following prompt: “Write a blog post about the CHATGPT trademark being refused as merely descriptive and OpenAI’s effort to […]

Hawk Tuah and Register That Thang

Hawk Tuah Trademark Application

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 […]

Accelerate Your Trademark Protection With The Amazon Brand Registry

In today’s digital marketplace, brand owners must safeguard their intellectual property rights. If you sell or plan to sell products on Amazon, enrolling your trademark in the Amazon Brand Registry can be a game-changer. The Amazon Brand Registry helps brand owners protect their trademarks on Amazon. Enrollment gives brand owners access to powerful tools, including […]

Messi has Arrived in MLS, Expect More U.S. Trademark Applications to Follow

Nashville Soccer Club Logo

On Saturday, Lionel Messi comes to our hometown for a showdown with Nashville SC for the Leagues Cup championship. Tickets to the match are . . . not inexpensive. Not surprisingly, Messi has taken the MLS by storm, scoring in every game since arriving in the league. Messi hasn’t just mastered the beautiful game. He […]

Trademark Money Moves: Cardi B and Offset to Trademark Daughter’s Name

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 […]