Year: 2016

las vegas golden knights

Las Vegas Golden Knights NHL Team Checked by USPTO

Posted by Andy Johnson on

While Las Vegas has always been an alluring destination to base a pro sports franchise, owners have been reluctant to come to Sin City due to concerns over the ease with which gambling might influence outcomes. But that’s soon to change with the announcement that NHL hockey will be coming to Las Vegas. The team will begin play in 2017 and owners announced the team name as the Golden Knights, but whether that name will survive remains to be seen since the team recently received rejections to their trademark applications by the United States Patent and Trademark Office (USPTO). Continue reading “Las Vegas Golden Knights NHL Team Checked by USPTO” →

X-men

Marvel V Fox A Super Dispute

Posted by Andy Johnson on

Every so often a right’s dispute will leave the realm of the courtroom and spill out into our pop-culture. This is the current case with Marvel Movies and Fox Studios. Marvel, who originally created the X-men Story Line, sold the rights to Fox and now they want them back.

In 1996 Marvel was facing financial troubles. They sold the rights to several of their comic characters to different studios. Most notably was the sale of X-Men’s rights to Fox. The sale of the rights made Marvel financially stable, and launched Marvel into the movie- making business. Over the past years, Marvel has capitalized on their movies by creating some of the highest grossing comic book movies. Only DC’s reboot of the Batman franchise is comparable.

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chipotle trademark

Chipotle’s New Burger Business May Have Hit a Trademark Snag

Posted by Andy Johnson on

In spite of a few recent hiccups, Chipotle has done pretty well in the Mexican food market. Now, the Denver based company wants to expand its business to include a burger chain. The name and logo the group chose may be problematic though, as a Boston based burger chain says that the branding infringes on its trademark.

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no trademark for whole foods

Trademark Office Rejects Whole Food’s Trademark Application

Posted by Andy Johnson on

Whole Foods has marketed itself as a healthy and organic grocer and claims that it is “America’s Healthiest Grocery Store”. This branding effort has paid off as consumers tend to view the brand as a fresh alternative to big box grocery stores. But the Trademark Office recently put a damper on the grocery chain’s health hype when it rejected the company’s attempt to trademark “World’s Healthiest Grocery Store” because the mark is “self-laudatory” or a “puffing mark.”

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Park City Trademark

Locals Protest Park City Trademark Application

Posted by Andy Johnson on

After several hundred protestors turned out in Park City, Utah to fight Vail Resorts attempt to register the trademark “Park City”, the business group has decided to abandon its trademark application. This is a change of course for the Colorado based ski resort ownership, which had been pursuing trademark protection on its recently acquired Utah asset, Park City Mountain Resort. Local residents are now relieved to know that the name of the town will not be trademarked and local businesses will have less concern over branding conflicts.
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M&M's outlawed in Sweden

Mars May be too Late to Secure M&M’s Branding Rights in Sweden

Posted by Andy Johnson on

M&M’s may be loved the world over, but if Swedish people want them, they may need a new name. This news comes after the Swedish Court of Appeals ruled that the M&M’s mark causes confusion among Swedish consumers due to a traditional Swedish chocolate candy that also comes marked with the letter “M”. Mars, the manufacturer of M&M’s, will now need to change the name of the candies in Sweden, appeal the decision, or face penalties laid out by the Court of Appeals if it continues selling there.

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Converse Trademark Lawsuit

Converse Wins Trademark Victory at ITC – Sort of

Posted by Andy Johnson on

Converse’s Chuck Taylor shoes are one of the oldest and most recognizable athletic shoes around. Designed specifically for basketball players, the shoes were introduced in 1917. Converse says that it has sold more than a billion pairs of the shoes worldwide since then. However, even though the shoes have a long history and a distinctive look, they don’t have exclusivity on every design element incorporated into the shoe. That’s the ruling from the US International Trade Commission after Converse filed a trademark complaint with the ITC in 2014.

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coke zero trademark

Coke Wins Partial Victory Against Dr. Pepper in “Zero” Trademark Dispute

Posted by Andy Johnson on

Coca-Cola is a giant in the beverage industry. If you said everyone in the world knows what Coke is, it may actually be true and not just an exaggeration. With such recognition and substantial marketing resources behind its zero calorie drinks like “Coke Zero”, “Sprite Zero” and “Powerade Zero”. Coke has finally convinced the United States Patent and Trademark Office (USPTO) to allow its trademark registration on the term “zero” in conjunction with its beverages. This grant comes in spite of Dr. Pepper’s protests that the term is a generic reference to zero-calorie drinks. The decision is limited however, and leaves the door open for Dr. Pepper to also register its “zero” products and pushes any future disputes into federal court.

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Urban Outfitters Vs Navajo Nation

Navajo Nation Suffers Partial Loss in Trademark Action Against Urban Outfitters

Posted by Andy Johnson on

The Navajo Nation is one of the largest indigenous tribes of Native Americans. Its language has been featured in major motion pictures and its culture has been portrayed in books and on TV. Yet, as far as trademarks go, all this recognition may not be enough for “Navajo” as a trademark to qualify as famous. That’s what a judge recently declared as he threw out a trademark dilution claim from the Navajo Nation’s trademark infringement suit against the clothing store Urban Outfitters.

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The Slants

USPTO Appeals to the Supreme Court Over “Slants”.

Posted by Andy Johnson on

An appeal to the United States Supreme Court is the latest move in an ongoing battle between the Asian-American band “The Slants” and the USPTO over whether the band’s name is disparaging and should be granted trademark registration or not. After a panel of Federal Appeals Court judges reversed the Trademark Office’s decision rejecting the mark, the Office has now appealed to the highest court in the land in an effort to allow it to retain discretion over whether some marks are too offensive for registration. Time will now tell whether the Supreme Court will accept the case and continue its increasingly active role in intellectual property law.

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