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Category Archives: Trademark

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How Much Would You Pay To Not Suck?

Posted in Marketing, Reputation Monitoring, Social Media, Trademark

Trademark owners are in the midst of another ‘think’ about the best way to protect and preserve their reputations online.  Specifically, beginning on March 30, 2015 the Sunrise Period opened for brand owners to fork over $2499 for domain names that end in .sucks. This $2499 payment is necessary annually to keep yourbrand.sucks from the… Continue Reading

Trademark Misperceptions Revealed By Reaction to Redskins Decision

Posted in Branding, Disparagement, Licensing, Trademark

  I can’t define disparagement, but I know it when I see it… On Wednesday, June 18, 2014 the Trademark Trial and Appeal Board, the judicial body that provides review to all Federal trademark filings and disputes relating to such filings, released its second decision to CANCEL the trademark registrations owned by Pro-Football, Inc. and used… Continue Reading

Intellectual Property: Balancing Exclusivity and Access in a Crowd Sourced, User-Generated World

Posted in Authorship, Copyright, Fair Use, Functionality, Information Law, Inventorship, Patents, Social Media, Trademark

You Can Trademark That?  They Can Own What? Who Knew? There are many reasons we have IP laws – but primary among them is to encourage creative types like artists and inventors to profit from their efforts by way of royalties or exclusive rights.  To encourage those efforts, the intellectual property laws give authors and… Continue Reading

TM Owners Beware: Potential IP Scammers Are In Our Midst

Posted in Trademark

There are few things more annoying than the feeling that you have been duped into paying for something that you neither need nor want.   IP owners, and particularly trademark owners, are common targets for scammers seeking to obtain fees for bogus, unnecessary or questionable services offered at outrageous prices.  No doubt these scams work because people… Continue Reading

Branding, Politics, Monetization and Presidential Consents. Some Musings…

Posted in Branding, Marketing, Trademark

As the political season in the U.S. heats up and the campaigns continue to hone their messages, the branding of the campaigns and the candidates becomes more visible to a larger portion of the U.S. electorate. Political campaigns are entertaining and instructive fodder for thinking about the power of branding since, after all, they are… Continue Reading

Red Shoes… The Angels Want To Wear My (Monochrome) Red Shoes… (and now they can)

Posted in Aesthetic Functionality, Color Marks, Fashion, Functionality, Litigation, Trademark

I can hardly think of Christain Louboutin’s (“Louboutin”) “red soled shoe” case, about which I previously blogged, without hearing Elvis Costello’s Red Shoes in my head. …Oh I used to be disgusted and now I try to be amused. But since their wings have got rusted, you know, the angels wanna wear my red shoes. Red shoes, the angels… Continue Reading

Should Colors Be Protected as Trademarks? If Not, Should Letters? How Shoe Soles and Mobile Apps Might Be Related

Posted in Fashion, Trademark

One of the pleasures of practicing law, perhaps especially in the technology space –is in observing how technology trends and legal theories intersect, ebb and flow over time.  Many people in the trademark world watched excitedly over 17 years ago when the U.S. Supreme Court, in Qualitex v. Jacobson,  determined that single colors could be… Continue Reading

The Olympic Symbols and Protecting Sport’s Biggest Brand — The London 2012 Games

Posted in Marketing, Social Media, Trademark

Perhaps no other endeavor has created more community among humankind than sport.  It engages us, it inspires us, and it moves entire communities to do all sorts of unusual things, including mass face painting in the local team colors, and the emblazoning of team trademarks and colors on city buildings and structures in support of the local protagonists.  Can those… Continue Reading