Federal Appeals Court to Review “The Slants” Trademark Application

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Portland, Oregon based rock band “The Slants” isn’t planning to change its name anytime soon. It just wants the Trademark Office to recognize its chosen name and grant it a trademark registration. After determining that “The Slants” is a disparaging term and rejecting its application, the Trademark Office has stuck to its guns despite multiple attempts by the band to appeal the decision. The band now rests its hopes in a panel of federal appeals judges, hoping they will overrule the U.S Patent and Trademark Office. The question of whether free speech rights should trump trademark law’s prohibition on immoral, scandalous or disparaging marks will now go before this group. Continue reading “Federal Appeals Court to Review “The Slants” Trademark Application” →

4 Stripes you’re out! Adidas Sues Designer Marc Jacobs

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Adidas has been around for a long time and spent a lot of money promoting its 3 stripe logo. Part of its strategy to protect its brand includes trademark registration. The German company owns numerous U.S. trademark registrations on the various incarnations of its brand. So when fashion designer Marc Jacobs recently released a line of clothing that included 4 stripes down the sleeve, Adidas’ trademark attorneys quickly went into action, filing a trademark infringement lawsuit in Oregon federal court.
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Why Hall & Oates Purchased a Trademark Registration for Oatmeal Cereal

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Daryl Hall and John Oates make beautiful music together. At least some people say that. Their last names also go together nicely to create an interesting phrase. People have played off the band’s name for decades, but when a cereal company began branding its granola as “Haulin’ Oats”, Hall and Oates decided they needed to put a stop to it and protect their brand name. But even though they have been known as Hall & Oates for years, they were forced to purchase a trademark registration to stop the cereal company. Continue reading “Why Hall & Oates Purchased a Trademark Registration for Oatmeal Cereal” →

ACLU Supports the Washington Redskins Trademark

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Although the team has decades of history, many people find the name of the Washington professional football team offensive. The Trademark Office sided with this opinion when it canceled the Washington Redskins’ trademark registration last summer. The Office cited federal trademark law’s prohibition on the registration of disparaging marks. In spite of this latest obstacle, however, the Redskins are fighting this ruling tooth and nail, and they now have a new supporter in their corner.

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Did Macy’s Allow Their Trademark to Go Abandoned

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A few decades ago there used to be a lot more variety in department stores. Robinson’s-May, Marshall Field’s, and Meier and Frank used to dot the commercial landscape. But when these stores, along with several others, were acquired by Macy’s in 2005 and subsequently rebranded with the Macy’s masthead and brand name, the overall diversity of department stores took a hit. Now, after several years of dormancy, an enterprising individual is attempting to bring back some of these nostalgic brands and commercially exploit them, selling merchandise bearing the names and logos of these brands on his website. Macy’s has responded by suing for trademark infringement, claiming it is still the owner of these brands, but by shelving them for years, has Macy’s abandoned its trademark registration rights?

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Sriracha Sauce Trademark Lessons

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Sriracha
Licensed by Creative Commons 2.0.

One of the most popular trends in the food industry over the last decade has been Sriracha. In case you still aren’t sure exactly what it is, Sriracha is a chili sauce made from chili peppers, distilled vinegar, garlic, sugar, and salt. It originated in Thailand and was brought to the United States by Thai immigrants. One of these immigrants, David Tran, began selling the sauce under his Huy Fong Foods brand, which uses a distinctive rooster as its logo. Tran sought trademark registration on his rooster logo, but never on the name Sriracha itself. Now, as the popularity of the sauce has exploded, major players are bringing their own Sriracha sauce to the market, leaving one to wonder if Tran missed out on a huge commercial opportunity. Continue reading “Sriracha Sauce Trademark Lessons” →

“Je Suis Charlie” Trademark Aftermath

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Je Suis CharlieFollowing a growing trend of attempts to trademark social rallying cries, two trademark applications have been submitted on “Je Suis Charlie”. Je Suis Charlie was a common slogan of support at the rallies and in social media in reference to the Charlie Hebdo attacks in Paris. It quickly became an international statement of solidarity against violence and terrorism. Like other social movement slogans before it, trademark applications quickly followed its viral spread. But like those other slogans, the U.S. Patent and Trademark Office is unlikely to grant a trademark registration for Je Suis Charlie.

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Activision First Amendment Rights Trump Trademark Infringement Claim

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Call_of_Duty_GhostsActivision’s Call of Duty video game franchise has been incredibly successful. It is a highly detailed, military style game that attempts to deliver a realistic combat experience by incorporating real weapons and equipment. This realism includes the ability to customize a player’s combat uniform, right down to the patches worn by the combatant. Such extreme realism enhances the player’s experience, but one company claims that Activision’s use of its patch is a little too real and infringes on its trademark registration. But a U.S. District Court in California doesn’t see it this way.

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Under Armour Sues Salt Armour

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240px-Under_armour_logo.svgSporting apparel and equipment manufacturer Under Armour, has rapidly grown into a heavy hitter in the athletic gear market.  Started in 1996 by University of Maryland football player, Kevin Plank, out of the back of his car, the company has grown to challenge the likes of Nike and Adidas.  Part of the company’s explosive growth has been due to marketing and branding.  Before hitting the big time, Plank wisely filed a trademark application on Under Armour in 1996, which received a trademark registration in 1999.  Armed with this trademark registration and a desire to protect the brand, Under Armour recently filed a lawsuit against Salt Armour, Inc. for trademark infringement. Continue reading “Under Armour Sues Salt Armour” →

Judge Rules Pizza Flavor Cannot Be Trademarked

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Pepperoni_pizzaNew York is well known for many popular pizza restaurants.  One restaurant, in particular, New York Pizzeria, Inc. (NYPI), believes that what separates it from all the others is a distinctive taste that customers immediately recognize.  According to NYPI, a unique blend of ingredients sourced from proprietary distributors creates its distinguishing flavor.  And when its former president left to create a rival restaurant, Gina’s Italian Kitchen, NYPI noticed that Gina’s pizza tasted a little too familiar.  That’s why NYPI filed a federal lawsuit claiming that Gina’s violated the Lanham Act by copying NYPI’s pizza flavor.  But can a flavor be protected by a trademark registration? Continue reading “Judge Rules Pizza Flavor Cannot Be Trademarked” →