Tag Archives: Trademark

“Forest of Light” Trade Dress Claim Nixed; Trademark Claim Survives

Picture yourself at dusk along the river, walking through a massive outdoor art installation featuring tens of thousands of individually-placed spheres of light on short stalks, reminiscent of blooming flowers. Ok, now stop and answer this: what kind of intellectual property would you use to protect this installation?  If you answered “trade dress,” you get a frowny-face sticker, at least according to the Eighth Circuit’s recent opinion in Munro v.… More

Copyright Office Denies Protection for “Unique” Product Packaging

If you are having trouble obtaining a federal trademark registration for a product’s packaging, some lawyer has probably mentioned to you that copyright protection is a potential alternative or supplement. This is good advice – to a point. Copyright registration is relatively cheap, nobody will pester you about secondary meaning or use in interstate commerce, and you don’t need consumer confusion evidence to prove infringement. However, when it comes to creative expression,… More

Restating the Obvious: Beer and Wine are Related Goods for Trademark Purposes, Except when They Aren’t

Beer and wine are related goods for trademark purposes. Right? We’ve seen that truism announced by the Trademark Trial and Appeal Board (TTAB) time and time again. So, do you really have to prove it from scratch in every trademark proceeding?

Yes, you do. Sure, it may seem obvious that consumers expect beer and wine to emanate from the same source. After all, they are both beverages,… More

Enforce Your Trademarks Now Or You Might Be The Next Red Hen

If you needed another reason to take action against a third party using your trademark – and you shouldn’t need another reason – consider the Red Hen restaurant.  Which Red Hen?  That’s the point.

As everyone by now knows, White House press secretary Sarah Huckabee Sanders posted a tweet over the weekend stating:

Last night I was told by the owner of Red Hen in Lexington,… More

Can a Trademark Licensee Keep Using the Mark after the Licensor Files for Bankruptcy? Circuit Split Heads to U.S. Supreme Court

All you trademark lawyers better sit down, because this may come as a shock: You are not “intellectual property” lawyers . . . at least not according to Section 11 U.S.C. § 101(35A) of the Bankruptcy Code, which intentionally omits trademarks from the definition of “intellectual property.”

Owing in part to this omission, there is an ongoing circuit split as to the rights of a trademark licensee when a licensor declares bankruptcy.… More

Flags as Trademarks: What are the Rules of the Road?

I never paid a lot of attention to Flag Day, until the year that my daughter was born on June 14.  Now Flag Day is a special day for our family, and of course there is a lot of flag waving on Independence Day which comes hot on its heels.  So this seems like a good time to review the rules on when you can register and use images of flags as trademarks.… More

Can We Give State Cannabis Trademarks Some Teeth While Waiting for a Federal Solution?

Cannabis trademarks. By now, most IP lawyers know two things about them.

First, even though cannabis is legal in an increasing number of states (9 allow recreational use; 29 allow medical use), the United States Patent and Trademark Office (USPTO) is refusing applications to federally register cannabis trademarks, no matter the home state of the applicant, until the substance gets reclassified by or removed from the Controlled Substances Act (which doesn’t seem to be on the immediate horizon).… More

Seattle Trademark History Tour, Part 10: Behaving Badly at the St. Francis Since 1907

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Seattle Trademark History Tour, Part 8: The Invention of the Super Market

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern Washington became the 42nd state in 1889,… More

Seattle Trademark History Tour, Part 7: Ostrea Lurida & the San Francisco Oyster House

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Seattle Trademark History Tour, Part 3: The Feuding Fremont Undertakers

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Seattle Trademark History Tour, Part 1: The “Gargeline” Shootout at Pioneer Square

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More