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…
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USPTO Begins Issuing Scam Warnings
As I have written before, trademark applicants and registrants should be on the watch for official-looking notices or requests asking for fees or registry enrollments. The USPTO has begun issuing a formal warning notice when it mails the Certificate of…
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The Practice of Removing Sponsored Logos in Triathlon Advertisements
Several months ago, Slowtwitch.com erupted over an altered image that had been discovered of pro triathlete Hillary Biscay. The original image showed Biscay running during an Ironman-branded race with a jersey that bears a small blue decal. That decal is…
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Can I use the Ironman trademark to describe a race I did?
The Ironman trademark (the second link is to one of the many Ironman registrations) is an extremely valuable trademark to the World Triathlon Corporation. The WTC works to protect its unauthorized use (though sometimes I do question their authorized use)….
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Twin Peaks Trademarks
Before the end of last year, I wrote about obtaining trademark protection in a series of works. I used books as an example: while you normally cannot register the title of a single book, when you develop a series of…