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Cultural Appropriation (TM)

Consumers are becoming more aware and active against negative cultural appropriation. Fashion designers who have passed off indigenous patterns as their own, models walking...

What’s in an Olympic Trademark?

During the 2018 Winter Olympics, the official logo seemed to be everywhere, from the corner of television broadcasts to the back of the gold...

RISK IN CHOOSING AND TRYING TO REGISTER A DESCRIPTIVE TRADEMARK IN THE EU

Receiving a refusal is one of the nightmares one can have while registering the trademark. Which marks then usually gets the refusal? How this...

The Deep Freeze: What the US Navy and this Kitchen Appliance have in Common

During the Cold War, the United States wasn’t just involved in a space race, they were also involved in a race to the South...

The Scent of Parody? Balenciaga sued over Little Trees trademark

After escaping Nazis and settling in New York, Julius Sämann invented the “Little Trees” car air fresheners in 1952. Today his company, Julius Sämann...

Why Don’t More Celebrities Trademark Their Image?

On Friday, October 5th, former San Francisco 49ers quarterback Colin Kaepernick’s company Inked Flash filed an application to trademark a black and white image...

BETWEEN A ROCK AND A PRESIDENTIAL PLACE

As a society, we have mastered the integration of many differing subjects into entertainment. From religion, to current events, to tragedy, and crime. We...

When “All” Does Not Mean “All”

In what can be considered a “win” for current and future U.S. trademark and patent applicants, this past Friday, the United States Court of...

BREXIT Is Not Immoral

As you probably already know, the United Kingdom will leave the European Union in less than a year from now. There is still much...

Buying Movies from Redbox: It Happens More Then You Would Think

Most people know Redbox from their red-colored DVD rental kiosks that still litter grocery and pharmacy stores across the country.  To some, renting a...

From Broadcast to Podcast: Why Serial Should Be Given Another Shot

"Serial tells one story – a true story – over the course of an entire season. Each season, we’ll follow a plot and characters...

Introducing Trademarkia’s new Customs and Border Patrol Service!

To prevent smuggling of counterfeit products in the United States, register your Trademark with our new Customs and Border Patrol Service, so next time...

IMPORTANCE OF PROTECTION – INDIAN TM CASE STUDY

Your brand name is the identity of your business, it is the goodwill your business earns over a period of time. What if someone...

IHOB: B is for…Burgers? I Guess that’s Good Enough For Me

Last week, the International House of Pancakes made quite the announcement: “For 60 pancakin’ years, we’ve been IHOP. Now, we’re flippin’ our name for...

The Trademark Timeline

Trademark Timeline: Didn't I file a trademark about six months ago?  Did that trademark become registered? Why haven't I heard from my lawyer? Well, there's good...

Why do I need to monitor my registered trademark in the EU?

Congrats! You have registered your trademark in the EU! Let’s celebrate as you have received your e-certificate. Yes, e-certificate. Those who has not yet...

Did You Know that the Boy Scouts of America Have the Exclusive Right to...

Earlier this month the Boy Scouts of America were in the news when they announced that their flagship program, Boy Scouts, would be renamed...

Copyright Monkey Business

There was certainly no monkeying around by the 9th circuit when it comes to copyright claims. Despite the parties coming to settlement agreements, the...

Brexit Update

Brexit Update: As you probably already know, the United Kingdom will leave the European Union on March 29, 2019. There is currently less than...

Not So Imaginary: Arizona city owns “WestWorld” trademark

The second season of HBO’s “Westworld” premieres April 22nd. The first season followed the employees and robots that create an immersive “western” experience for...

Office Actions and the Trumps

Remember to calendar your USPTO office action response deadline or you may end up being dumped by the trademark office Whether you love or hate...

Trademarking Imaginary Goods: A Star Wars Story

Trademark law in the United States is centered around “use in commerce.” In other countries, trademarks are thought to be a gift from the...

INTA Roundtable Hosted by LegalForce RAPC Attorneys

We would love for you to join our event! Name of Event: Trademark Due Diligence and Trademark Transactions Date: Tuesday, April 10, 2018 Time:  ...

PATENTLY OFFENSIVE: Why We Sued the USPTO

Part 5 in a series In the pantheon of poky and inefficient government bureaucracies, the U.S. Patent and Trademark Office is the exception, a kind...

TRIAL OF THE CENTURY: For Lawyers and LegalZoom

Part 4 of a series Lawyers have an alacrity for hyperbole, so please indulge me for a moment while I describe to you what could...

TAKING ON LEGALZOOM: Somebody Had to Do It

Part 3 of a series As a lawyer forced to compete against the giant scale and mighty marketing budget of LegalZoom, I should resent this...

A SNEAKY SHELL GAME: Some Lawyers Break All the Rules

Part 2 of a series State bar associations impose a thicket of onerous rules that make it difficult for lawyers to operate in the internet...

WHEN LAWYERS SUE LAWYERS: Forcing the Bar to Wake Up

Part 1 of a series When you go to Google and fill in the search line with the phrase “Lawyers who sue other lawyers,” you...

ChicagoWest Trademark Filed — BUT Not by Kimye

Keeping Up With the Kardashians? What about keeping up with Chicago West trademark applications… Ever since the birth of Kim Kardashian West and Kanye West's...

McDonald’s Flips Famed Arches Logo for International Woman’s Day

Happy International Women's Day!  McDonald's is celebrating by flipping their famed golden arches upside down. The famous McDonald's logo "M" is now flipped to...

What makes a Monster?: Monster Energy Company’s History as a Brand Bully

Monster Energy Company was the biggest trademark bully of 2017. And 2016. And 2015. In fact, Monster Energy Company has been the biggest trademark...

Top Victims of Trademark Opposition in 2017

Bullying was a popular issue in 2017. While its main relevance was in schools, there was another form of bullying that took place, in...

Companies Who Filed the Most Trademark Oppositions in 2017

Background The USPTO publishes the Official Gazette (“OG”) as official notice to the public of trademark applications the agency intends to register. The OG is...

Trademark Genericide: What Is It and How to Avoid It

Is Velcro a well-known brand or just generic term for a hook and loop fastener used commonly on various products which gives us that...

“The Most Wanted Mark” – Louboutin case

“Im throwing on my Louboutins”…with red bottoms – sings Jennifer Lopez. Wearing Loboutins high-heeled shoes with red soles make her happy and feel extremely...

John Lennon vs. John Lemon

A beverage company based in Katowice, Poland which supplies all over Europe their John Lemon lemonade have been subject to Yoko Ono’s lawyers threatened...

Teal Pumpkins and IP

It’s mid-October, which means the season of teal pumpkins is upon us! We know what you’re thinking – pumpkins are orange, not teal. And while...

The Battle for Budweiser

In 1795 a group of German settlers has established a new brewery named Budweiser Bürgerbräu in a town of České Budějovice (Budweis in German),...
amazon-rings-2

Can Amazon Trademark Alexa’s Blue Rings?: PART 2

Part-2 Functionality and why trademark, why not patent? Functionality contd.. In my previous article, I discussed how a mark/color/feature cannot attain a trademark registration if the...
IP university part 2

Monetizing Intellectual Property at Universities- Part 2

(READ Post 1 HERE) Patents, Trade Secrets and Open Licenses The traditional model, of universities assuming ownership over patentable technology created under their policies, and then licensing...

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