Certification Marks
Jordon Trapnell guest writes: Take a close look at the back of the electronics or appliances around your house, and it will be easy to pick out a variety of obscure little logos that don’t relate to the manufacturer. These…
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Disclaimer Required in TEAM LIVESTRONG Trademark
The Lance Armstrong Foundation recently lost an appeal at the Trademark Trial and Appeal Board regarding its trademark application for TEAM LIVESTRONG as it relates to the organization of sports events in the field of running, walking, cycling, and swimming;…
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Australia’s Cigarette Packaging and Trademark Owner’s Ability to Distinguish Themselves
I saw on the BBC a few days ago that Australia’s High Court had supported a new law requiring cigarette packs to be wrapped in some fairly revolting advertising. Australia already had very restrictive cigarette advertising laws. The packs will…
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Done to Death?
Countless writers and bloggers, Yours Truly included, have written about a trademark owner’s obligation to protect its mark. The subject matter is cliched, but not for lack of importance. Patrolling and monitoring for improper use, and ensuring proper self-use and…
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Trademark Infringement?
You be the judge – trademark infringement?
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Newton Running’s Use of Trademarks
I love me some Newton Running. I’ve worn through many of their shoes and have had some great experiences with their customer service. As a triathlete, I can’t recommend Newton enough. As a trademark lawyer, I feel just as strongly…
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Bolstering a Licensee’s Rights in Contract
When a trademark, patent, copyright, or other right is the subject of a nonexclusive license, we often think about what sort of restrictions the property right owner should place on the licensee. However, there may be very good reasons for…
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AIRIA Nightclub has Trademark Problems
John Welch questions whether you would have appealed the recent rejection of Gila River’s application for AIRIA. Local Arizona tribe and gaming enterprise Gila River has a night club named Airia, but unfortunately, there is an Area nightclub in LA…
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Sight, Sound, Meaning, and Fame
When the Trademark Office receives a new application, one of the first things it does is conduct a search for similar marks. The Trademark Examiner often searches for identical mark and homonyms in all goods and services classifications and for similar…
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Ascribing a Date of First Use to a Trademark
All trademark registrations filed under Sections 1(a) or 1(b) of the Lanham Act carry a date of first use. In those registrations that are filed as intent-to-use applications, the date that the mark is first used is typically very easy…