Posts filtered by tags: Trademark[x]


Top Sell-Out Items That You Can Now Shop

Searching for a fresh trend before it catches fire (and subsequently sells out) is, as Cher Horowitz put it, like searching for meaning in a Pauly Shore movie...A.k.a. impossible. While we can't always predict the next big thing to buy, we can catalog the best big things that are actually shoppable now. With a little help from our weekly column, The Sell-Out, we pulled together the top-selling products from the past year that are no longer sold out.Instead of suggesting purchase alternatives, a...
Tags: Amazon, Nordstrom, Fashion, Music, Instagram, Trademark, Tom Ford, Anthropologie, Sephora, Birchbox, Everlane, Cher Horowitz, Revlon, Supergoop, Cardi, Ashley Graham

More Kardashian Drama: A Legal Fight Over Ownership of the Kimoji Emoji Set–Liebensohn v. Kardashian (Guest Blog Post)

by guest blogger Gabriella Ziccarelli [Eric’s introductory note: I have made a personal life choice to ignore the entire Kardashian enterprise and their constant and often faux drama (except that I have occasionally mocked the Kardashians in my law school exams). I’ve decided that life is short and I should invest my limited energy and attention only into people who truly deserve such a precious resource, and none of the Kardashians, or anyone in their orbit, come close to clearing this stand...
Tags: Kim Kardashian, Instagram, Law, Marketing, Copyright, Chicago, Kardashians, Jonathan Cheban, Kardashian, Kim, Oklahoma, Martin Singer, Trademark, Emojis, Unicode, Kim Kardashian West

Do Adjacent Organic Search Results Constitute Trademark Infringement? Of Course Not…But…–America CAN! v. CDF

One of the screenshots from the complaint A charitable fundraising organization, America CAN!, has a registered trademark in the phrase “Write off the car, not the Kid.” The organization purports to help the education of high risk youths, and it claims that “100% of the net proceeds go to the kids.” So the “kid” in the trademarked phrase appears to refer to disadvantaged youths, not tax writeoffs for being a parent. As a parent, the pun didn’t work for me. The lawsuit relates to Make-a-Wish Nor...
Tags: Google, Amazon, Florida, Yahoo, Law, California, Marketing, America, Search Engines, Trademark, BPI, Ftc, Weber, Florida Bar, Cooper, Abraham

29 Top Sell-Out Items That You Can Now Shop

Searching for a fresh trend before it catches fire (and subsequently sells out) is, as Cher Horowitz put it, like searching for meaning in a Pauly Shore movie...A.k.a. impossible. While we can't always predict the next big thing to buy, we can catalog the best big things that are actually shoppable now. With a little help from our weekly column, The Sell-Out, we pulled together the top-selling products from the past year that are no longer sold out.Instead of suggesting purchase alternatives, a...
Tags: Amazon, Nordstrom, Fashion, Music, Instagram, Oxford, Trademark, Tom Ford, Anthropologie, Sephora, Birchbox, Everlane, Cher Horowitz, Revlon, Supergoop, Cardi

TTAB Denies Trademark Registration for #MagicNumber108 Tagmark–In re DePorter (Guest Blog Post)

by guest blogger Alexandra Jane Roberts After 1908, beleaguered Chicago Cubs fans waited 108 long years for their team to win the world series again. And Grant DePorter, whose application to register #MagicNumber108 as a trademark for shirts was at issue in a recent TTAB decision, is one of the most hardcore Cubs fans of all. DePorter is the President and Managing Partner of a group that owns seven restaurants, including a Chicago steakhouse named for the late Hall of Fame baseball announcer Har...
Tags: Usa, Law, San Francisco, Chicago, Uspto, Trademark, Hall of Fame, Chicago Cubs, Tbt, Trump, Board, Cubs, Gillard, Deporter, Bartman, Harry Caray

Filtering Software Defeats Another Lawsuit–PC Drivers v. Malwarebytes

Unlike shady software, this is a good PUP. by Anik Shrestha, I blogged about this case in September. PC Drivers makes software that claims to help speed up users’ computers. Malwarebytes blocked it as a “potentially unwanted program,” or PUP. Litigation ensued. In the prior ruling, Malwarebytes won big, but then unexpectedly asked the judge to transfer the litigation from Texas to California rather than close out the case with a judge who already supp...
Tags: Texas, Law, California, Kaspersky, Enigma, Trademark, Malwarebytes, Ninth Circuit, Derivative Liability, Bleeping, Zango, Adware/Spyware, Malwarebytes Inc, Anik Shrestha, PC Drivers Headquarters LP, Malwarebytes Message Board Operator

Facebook Is Suing Four Chinese Companies for Allegedly Selling Fake Accounts

Facebook is suing four companies and three individuals based in China it alleges have been creating and “promoting the sale of fake accounts, likes and followers” on Facebook and its subsidiary Instagram, as well as other social media sites, the company announced on Friday. In addition to the alleged efforts to create…Read more...
Tags: Facebook, Science, Technology, Instagram, China, Social Media, Courts, Bots, Trademark, Coordinated Inauthentic Behavior

What are naming criteria, anyway?

(Part of my Naming 101 series.) A couple of years ago I published a post about naming objectives: what a name should or must communicate. Naming objectives are a key element of your written naming brief, and one of the foundations on which names are developed. There’s another important foundation: naming criteria.* If objectives are about meaning, criteria are about everything else that goes into a name: spelling, sound, legal requirements, web addresses. Here’s a checklist for your own ...
Tags: Google, Verizon, Kodak, Domains, Linguistics, Trademark, Start, Urdu, Nolo, Naming, Nancy Friedman, Naming 101, Sound Symbolism, Nan Budinger

Word of the week: Backbencher

It’s been six years since Ben Yagoda first noticed a spike in the U.S. usage of backbencher, a term with a specific meaning in British parliamentary politics – MPs who hold no ministerial or shadow-ministerial offices and therefore are consigned to the back benches of their respective houses – and none in U.S. government, where representatives and senators sit wherever they please on their party-defined sides of the aisle. In December 2015, Ben’s UK counterpart, Lynne Murphy, anointed backbench...
Tags: Google, Politics, UK, California, US, Sports, Fresno, Los Angeles, Georgia, Reagan, Canada, Gop, United States, House, New York Times, Iowa

When Trademark Registration Goes Wrong

Registering a trademark is an essential part of protecting your business’s intellectual property and brand. A registered trademark provides businesses with legal recourse should their competitors try to use the same trademark or a very similar one, and it also opens up the possibility for licensing — which is a great way to extend the reach, influence and value of a brand. But registration is a complex process, and without sufficient research and care, an application can be rejected despite mont...
Tags: Sales, More, Trademark, Trademark Shop

Trademark Dispute Harvard v Turkish Schools

By Andrea M. Bossi and Annie C. Doris, Crimson Staff WritersFebruary 5, 2019   Harvard will receive 73,000 Turkish lira — equivalent to roughly $14,000 — after Halil Çil, a Turkish citizen, licensed Harvard’s trademark to language and private schools in Turkey without the University’s authorization. Harvard notified Turkish lawyer Okan Çan of the issue […]
Tags: Sales, Turkey, Harvard, Trademark, Trademark Law, Havard, Trademark Dispute, Trademark Dispute Harvard, Turkish Schools, Andrea M Bossi, Annie C Doris Crimson Staff, Halil Çil, Okan Çan

Top Patent, Trademark, and IP Stories from Last Week (2/4-2/10/19)

ICYMI: The Top Patent, Trademark, and IP Stories from Last Week (February 4th-10th, 2019) Every week, we will be highlighting the top patent, copyright, trademark, intellectual property, etc. stories of the previous week in our “In Case You Missed It” segment. The list itself is in no particular order and includes a wide range of […] The post Top Patent, Trademark, and IP Stories from Last Week (2/4-2/10/19) appeared first on Vincent LoTempio | Registered Patent Attorney, Trademark, and Copyrigh...
Tags: Blog, Innovation, ICYMI, Trademark, Interesting Stuff, Vincent LoTempio, Patent News

Brand Protector Or Bully? 3 Takeaways From The Supermac’s/McDonald’s Trademark Dispute In The EU

Was the McDonald’s ‘Big Mac’ trademark canceled because of the company’s bullying legal tactics?
Tags: Law, Eu, European Union, Mcdonald's, Intellectual Property, Trademark, McDonald, Tom Kulik, Supermac’s

The Law on Fonts and Typefaces in Design and Marketing: Frequently Asked Questions (about commercial and non-commercial use)

The right typeface is often the key to strong brand identity, a well-designed website, sharp looking brochures, and strong marketing materials. But there’s much confusion and misinformation about typefaces, fonts and how designers and marketers can lawfully use them commercially. The truth is that most people, and especially designers and marketers, do not understand the law governing the use of typefaces and fonts. There’s no shame in this. After all, most lawyers don’t understand design or ma...
Tags: England, Microsoft, Small Business, Law, Germany, Sales, IP, Copyright, United States, Typeface, Fonts, Intellectual Property, Coca Cola, Helvetica, Trademark, Start Ups

Delhi HC prevents from providing TOI and ET epaper downloads

The Delhi High Court has passed an interim injunction order preventing IAS coaching website from providing downloadable copies of the e-papers of the Times of India (TOI) and the Economic Times (ET). It also states that sscias cannot use the logo of the Times Group, citing infringement.... ...
Tags: Travel, Publishing, News, Media, Newspapers, Copyright, Intellectual Property, Trademark, E-paper, Delhi High Court, Economic Times, Times of India, Times Group, Copyright Infrigement, Copyright Violation, BCCL

Curren$y, Trademark & Young Roddy Reunite on “Plan Of Attack”

It's their first song together in five years.
Tags: Jazz, Trademark, Songs, Curren, Young Roddy, Currensy, Jet Life, Young Roddy Reunite

2H 2018 Quick Links, Part 3 (Keyword Advertising)

* St. George Executive Shuttle LLC v. Western Trails Charter & Tours LLC, 2018 WL 3350348 (D. Utah July 9, 2018). This is a competitive keyword advertising lawsuit involving the purported trademark “St. George Shuttle” (St. George is a city in Utah). The court denies the defendant’s motion to dismiss as premature. What are the odds the court will void the plaintiff’s “trademark” before this lawsuit is over? * LegalForce RAPC Worldwide v. Swyers,  3:17-cv-07318-MMC (ND Cal. July 17, 2018). Plain...
Tags: Google, Amazon, Utah, Law, Congress, Marketing, Search Engines, DMV, Bing, Trademark, George, Fla, Amazon com Inc, Multi Time Machine, Lasoff, St George Executive Shuttle LLC

2H 2018 Quick Links, Part 2 (Trademarks)

*  Chanel, Inc. v. Wgaca,  2018 U.S. Dist. LEXIS 158077 (SDNY Sept. 14, 2018): Chanel’s amended complaint plausibly alleges that WGACA’s use of the hashtag #WGACACHANEL infringes Chanel’s trademarks. It alleges that WGACA conjoined its acronym with the Chanel trademark to create the impression that WGACA is affiliated with Chanel or is an authorized Chanel retailer…. WGACA’s Chanelbranded items would be readily identifiable as Chanel without the #WGACACHANEL hashtag and the multiple uses of Cha...
Tags: Amazon, Law, Congress, Court, Marketing, Brookfield, Coachella, Chanel, TNT, Domain Names, Smith, Taylor, Trademark, Carter, Twitter Inc, Ninth Circuit

Best and Worst Internet Laws [Repost from Concurring Opinions’ Archive]

[In 2007, I guest-blogged at the group law professor blog Concurring Opinions. With the demise of that blog, I am now archiving my guest posts on my own blog. This post first appeared on February 15, 2007.] __ [Preface: I’ve already overstayed my guest visit, but before I go, I want to say thanks to the Concurring Opinions team for the opportunity to blog here, and thanks to all of you for the great comments and stimulating dialogue. A complete index of my guest blog posts. Meanwhile, I’ll keep ...
Tags: Amazon, Utah, Law, Congress, Ebay, E-commerce, Spam, Icann, Copyright, United States, Alaska, Eff, Dmca, Michigan, Domain Names, Doj

The Ongoing Saga of the Florida Bar’s Angst About Competitive Keyword Advertising

In August, I reported on the Florida Bar’s continued angst about regulating competitive keyword advertising by lawyers. Read my post, “The Florida Bar and Competitive Keyword Advertising: A Tragicomedy (in 3 Parts),” for the full background. The short story is that in 2013, the Florida Bar considered banning lawyers’ competitive keyword advertising, but surprisingly concluded the process by blessing it. In 2018, the Florida Bar revisited banning competitive keyword advertising–despite five addit...
Tags: Amazon, Florida, Law, California, Marketing, Search Engines, Trademark, BPI, Ftc, Florida Bar, Board of Governors, Jive, Publicity/Privacy Rights, Infogroup, ElitePay Global, CardPaymentOptions Google

Your Periodic Reminder That Keyword Ad Lawsuits Are Stupid–Passport Health v. Avance

The parties compete for the provision of health services related to traveling, like immunizations. The defendant Avance bought keyword ads triggered on the plaintiff’s trademark “Passport Health.” In 2013, the trademark owner complained, and Avance apparently dropped the Google ad buy. However, apparently everyone forget about Bing. In 2017, the trademark owner reemerged, complaining about the Bing ad buys. This lawsuit ensued. It doesn’t go well for the trademark owner. You kind of get the sens...
Tags: Google, Amazon, Florida, Law, California, Marketing, Search Engines, Bing, Trademark, BPI, Ftc, LCC, GEICO, Troutman Sanders, Jive, Infogroup

If Your Trademark Case Depends on Showing Initial Interest Confusion, Save Your Money–Select Comfort v. John Baxter

I’ve bashed the initial interest confusion doctrine for decades. It’s one of the worst doctrinal “innovations” in trademark law–ever. However, you might have noticed that I haven’t blogged many initial interest confusion cases recently. Why? Because the phrase rarely shows up in court opinions any more. (I have an email alert in Westlaw for the phrase, so I see all the cases). I think this paucity is due to the fact the doctrine almost never wins in court, and trademark owners are getting the m...
Tags: Law, Court, Marketing, E-commerce, Trademark, Westlaw, Select Comfort Corp, John Baxter, Eighth Circuit, Sensient Techs Corp, Importantly the Court

Restraining order entered against website that encouraged contacting children of plaintiff’s employees

Plaintiff sued defendant (who was an unhappy customer of plaintiff) under the Lanham Act (for trademark infringement) and for defamation. Defendant had registered a domain name using plaintiff’s company name and had set up a website that, among other things, he used to impersonate plaintiff’s employees and provide information about employees’ family members, some of whom were minors. Plaintiff moved for a temporary restraining order and the court granted the motion. The Website The website was s...
Tags: Law, Maine, Trademark, First Amendment, Defamation, Trademarks, Emerson, Lanham Act, Symetra Life Ins Co

What's your daddy?

Polldaddy is dead; long live Crowdsignal, its successor in the platform-agnostic poll- and survey-creation business. The service, which is owned by Wordpress, was silent on the reason for the recent name change, leaving us to wonder: Was daddy too patriarchal? Was the name likely to be confused with the unrelated GoDaddy*, the internet-domain registrar? As long as we’re asking questions, what accounts for the plethora of DADDY brand names? There are 757 DADDY registrations in the U.S. Patent...
Tags: London, Maryland, Housewares, Washington Post, Wikipedia, Wordpress, Trends, Godaddy, Beer, Linguistics, Men, Food And Drink, Las Vegas, Trademark, Shark Tank, Eartha Kitt

Apple Files 'Apple Music for Business' Trademark

Move over Muzak, Apple has filed a trademark application for "Apple Music For Business." The filing covers "broadcast and transmission of streamed music, audio, video, and multimedia content by means of radio, television, internet, and satellite for business use,"  and would appear to signal Apple's intention to enter the lucrative music-for-businesses market. All music played in businesses, retailers and public place must by licensed. Several companies, including the Spotify backed Sound...
Tags: Apple, Spotify, Music, Streaming, Trademark, Music Business, Bruce Houghton, Apple Music. Apple, Muzak Apple

Prosurix and Preventing Fraud

Wine has been enjoyed throughout the ages and throughout the world. Wine is also sold about anywhere, and with the advent of the internet and online shopping, wine can also be purchased online. But like anything else that can be bought on the internet, you may run the risk of buying counterfeit wine. It’s hard […] The post Prosurix and Preventing Fraud appeared first on Vincent LoTempio | Registered Patent Attorney, Trademark, and Copyright | 1-800-866-0039.
Tags: Blog, Innovation, Wine, Trademark, Patent, Vincent LoTempio, Glamuzina, Prosurix

Trademark Collection by Wyndham Pushes Past 100-Hotel Mark with a Dozen Destinations Debuting in Canada

Since launching less than 18 months ago as Wyndham Hotels & Resorts (NYSE:WH) first soft-brand, Trademark Collection by Wyndham is continuing its rapid growth around the world and raising its flag in Canada with a dozen recently signed hotels and resorts spanning the country. These additions five of which have opened doors in British Columbia and Ontario, and another seven set to open within the next year in Nova Scotia, New Brunswick, Alberta, and Saskatchewan bolster the brands footprin...
Tags: Travel, Canada, Atlantic, North America, Trademark, British Columbia, Wyndham, Saskatchewan, Ontario, Midway Utah, Munich Germany, Basel Switzerland, Long Island City, Greg Giordano, Canadas, Galt House Hotel

Restricting Competitive Keyword Ads Is Anti-Competitive–FTC v. 1-800 Contacts

Starting in 2002 and continuing for about a decade, 1-800 Contacts systematically locked up many of its online contact lenses retail competitors into settlement agreements that prohibited the parties from bidding on each other’s trademarks at the search engines. Perhaps not coincidentally (this was the subject of some back-and-forth among experts), 1-800 Contacts unapologetically and consistently charges higher prices than its online retailer competitors. In 2016, the FTC filed an administrativ...
Tags: Google, Law, Marketing, E-commerce, Search Engines, Rebecca, Commission, Slaughter, Search Advertising, Bing, Costco, Trademark, BPI, Mccarthy, Ftc, Lens

Anonymous online trademark infringer can be identified through subpoena to domain registrar

Plaintiff trademark owner noticed that an unknown party was using plaintiff’s mark to sell email templates online without plaintiff’s authorization. After the unknown infringer’s domain name registrar (the case does not say whether it was also the web host) refused to take down the allegedly infringing content, plaintiff filed suit against the “John Doe” defendant. Since it needed to learn the identity of the defendant to move the case forward, plaintiff asked the court for early discovery that ...
Tags: Law, Anonymity, DOE, Trademark, Litigation, Trademarks, John Doe, Marketo Inc, OpenMind Solutions Inc, Columbia Ins Co

Do Australian Trademarks Automatically Have Trademark rights in New Zealand?

Australian Business often consider New Zealand for expansion due to its logistically friendly geographical location. In general trademark registration is specific to each country, so it’s important to note that… Read more » The post Do Australian Trademarks Automatically Have Trademark rights in New Zealand? appeared first on
Tags: Business, Legal, Australia, New Zealand, Trademark, Branding