Mar
04

Minnesota Do-Gooders Club

I recently had the opportunity to sit-down with Wendy and Matthew with the Minnesota Do-Gooders to talk about copyrights and trademarks. They did a great job of putting my ramblings together into a pretty comprehensible program. http://www.mndogooders.org/ideas/listen/copyright-and-trademarks-for-nonprofits

Sep
09

Top 10 Lists

I was recently asked by an attorney friend about using the phrase “The Top Ten Reasons…” in relation to a top ten list (á la David Letterman) that she was planning on using in a marketing piece.  This wasn’t a comic work meant to mimic the David Letterman version, but rather a serious piece meant … Continue reading »

Feb
24

Linsane Trademarks

Since February 7th the Trademark office has received eight trademark applications for the term LINSANITY.   The products identified in applications range from clothing, jewelry, and sport drinks, to eyeglasses and cell phone covers.  The only problem is only one of these applications is on behalf of the Knick’s Jeremy Lin (Serial 85541426); and it is … Continue reading »

Nov
09

Limitation on Color Trademarks in the Fashion Industry

Earlier this year shoe icon Christian Louboutin sued Yves St. Laurent (“YSL”).  They were seeing red  (pun intended) over the recent Yves St. Laurent 2011 Resort collection, which included red-soled shoes, the Louboutin signature brand detail.  In 1992 Louboutin began using the red lacquer sole.  In 2008, the red soles were registered as mark in … Continue reading »

Jun
23

Options When Taking Down Counterfeiters – $164 million awarded in Tory Burch lawsuit

Earlier this month, the U.S. District Court, Southern District of New York awarded a default judgment to clothing designer Tory Burch LLC in its trademark counterfeiting and cyber-squatting case against  232 websites which sold copies of Burch’s handbags, flats, and accessories.  After none of the 232 defendants answered the complaint, the Court awarded damages of … Continue reading »

Dec
27

Trademark Enforcement

When thinking about whether or not to enforce a trademark, keep in mind the purpose of having the mark is to serve as an identifier of the source of the good or service for consumers. With this in mind, in order to preserve your own rights to a mark you have to try to maintain … Continue reading »

May
17

Trademarks and Pepper Potts – Is Iron Man a good or a service?

Warning: this may be one of my more nonsensical posts. After seeing Iron Man 2 this week, I felt compelled to speak out about the misinformation propagated by Pepper Potts. During a scene in which Tony comes into Pepper’s office, we overhear Pepper talking to an unidentified party about the suit. In the conversation (which … Continue reading »

Mar
29

When is a farm boy just like any other farm boy?

When is a farm boy just like any other farm boy? That’s the question at the heart of a recent Federal Circuit decision (Odom’s Tennessee Pride Sausage, Inc. v. FF Acquisition, LLC, No. 09-1473) involving a decision by the USPTO to grant a trademark registration to FF Acquisitions (a SuperValu company) over the objection of … Continue reading »

Jan
26

Baseball Uniforms as Trade Dress: MLB v. Donruss

An interesting case was recently filed involving baseball card manufacturer Don Ross and Major League baseball. Among several counts involving, minor league players, retired players and current players is a claim that that Donruss inappropriately used the trade dress of the former Major League players. Interestingly, the complaint seems to indicate that there isn’t a … Continue reading »

Dec
30

Deceptive Hot Dogs: Food Trademarks

Found in a complaint in a recently filed trademark case: “The hot dog, synonymously identified over the years by a host of names including frankfurter, sausage, frank, wiener, dog and others, has a rich and long history in the United States.” http://www.scribd.com/doc/9620013/Complaint-Dogma-Hot-Dogs Ok, I confess, I have no reason for posting this other than the … Continue reading »