Trademark Specimens
Except in a few cases*, a trademark will not be registered until the mark has been used. The Trademark Office won’t register a trademark unless the applicant provides proof of how the mark is used in commerce. This is a…
When a Trademark is Primarily Merely a Surname
Jordon Trapnell guest writes: Trademark law states that any mark that is predominantly a last name cannot be registered as a federal trademark on the Principal Register. The law identifies such a name as “primarily merely” a surname, meaning the…
Triathlon Trademark or Copyright Infringement in Magazines
What are the issues presented by the most recent editions of Triathlete and Lava magazines? Are there any? If so, could they have been avoided? For the record, Lava issued a week or two after Triathlete.
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…
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;…
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…
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…
Trademark Infringement?
You be the judge – trademark infringement?
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…
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…