In a trademark lawsuit filed on Tuesday, Sportswear company Wooter said that Dick’s Sporting Goods use of an infinity logo is virtually identical to its infinity-symbol and thus likely to cause customer confusion baseed on the overlapping clothing markets and is seeking $8 Mill in damages.
After a long legal battle, the phrase “Taco Tuesday” is now free for anyone to use as a result of drawn out litigation from Taco Bell. This is a victory for Taco Bell, which has been trying to make the phrase “Taco Tuesday” a generic term that anyone can use.
The U.S. Supreme Court recently ruled that previously rejected trademark registrations which were refused as being immoral or scandalous violates the First Amendment.
Loosing Trademark Rights Once a trademark has been established, the rights can continue indefinitely as long as the owner continues to use the mark in commerce. However, there are several common methods of losing a trademark including: Abandonment; Failing to stop others who cause confusion; Genericide Improper licensing of the rights; Improper assignment of the Read more about How to Lose Trademark Rights[…]
Whether your mark is federally registered or not, it is protected against would-be commercial exploiters. Trademark Rights Federal trademark law, specifically Section 1125 of the Lanham Act, provides valid trademark owners with a civil action against anyone who: Uses any word, term, name, symbol or device or any combination thereof, or any false designation of Read more about Registered or Not: Know Your Trademark Rights[…]
Before Applying for a trademark, you should conduct an online trademark search. Because trademarks are awarded to the first user of a mark, a trademark search may reveal if there are any other trademarks which have been registered or if any trademark applications have been filed which are the same or similar to your mark. Read more about Online Trademark Search[…]
Simon Tam, lead singer of the Asian-American rock group “The Slants,” chose the derogatory term intentionally. Tam wanted to reclaim the racial slur and turn it into a name to be proud of. However, the Patent and Trademark Office (PTO) denied registration, calling the group’s mark “disparaging” under trademark law. On June 19, 2017, the Read more about SCOTUS: ‘The Slants’ Trademark Gets First Amendment Protection[…]
A “trademark” (less commonly called a “service mark”) can be a single word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. Some trademarks are a combination of words and symbols, and many evolve over time. For example, Target’s trademark has become a red bull’s eye, now widely recognized by Read more about The Importance of Trademark Goodwill[…]
It seems like Christmas is getting earlier and earlier, with Santa holiday advertisements appearing even before Halloween or Thanksgiving. With Santa appearing so often and so long, overpowering almost every other holiday, one has to wonder who owns Santa. I don’t mean the spiritual visitor, but the name and image Santa Claus which we see Read more about In the name of Santa Claus[…]
In the modern world, intellectual property protection is becoming ever more important. We are constantly seeing headlines about billion dollar intellectual property disputes between tech giants like Google, Samsung and Apple. Most often, these articles jump right into the details that grab our attention and fail to explain what intellectual property is and how something Read more about Intellectual Property: the Types, the Benefits, and How We Can Help[…]