On May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA” or “Act”). The bill was largely uncontroversial (imagine that), passing the Senate by an 87-0 vote and the House by a 410-2 vote. The DTSA is an important piece of legislation. It is so important that we have decided to focus our […]
Trademark
Trademark Disputes Can Be So Sweeeet!
March 8, 2016
Trademark
In late 2013 we wrote about a trademark dispute between the Hershey Company and Mars Inc. over whether Mars had trademark rights in the cross-section of its Snickers candy bar. Hershey opposed the mark on grounds that it was merely descriptive, de jure functional, generic, and failed to function as a trademark. The cross-section of […]
Dear Doc: What’s new in your neck of the woods? Signed, Laurent Nom de Plume Dear Monsieur de Plume: It’s been a slow month for copyright law. Trademarks, however, have been a hotbed of ridiculosity. Exhibit One: John Wayne’s heirs have filed a law suit against Duke University (which was Trinity College until 1924 when […]
Back in January, we were so bold as to state that “it’s not very often that the United States Supreme Court decides a trademark issue…” Well, it appears that Supreme Court pronouncements in the trademark field are more common than we thought, at least this year. On March 24, 2015, the U.S. Supreme Court, inB&B […]
It’s not very often that the United States Supreme Court decides a trademark issue but this month the Supremes delivered an opinion on a question of trademark law called “tacking.” So what is “tacking?” If you know, you probably should be reading a more advanced blog, but if you don’t, tacking is a doctrine for establishing […]
Hit Show Upsets Pennsylvanians (and others)!
August 29, 2014
Trademark
You may have heard about the Discovery channel’s popular TV series, Amish Mafia. The Discovery Channel describes the show: Untrusting of outside law enforcement, some Amish in Lancaster County, PA have for many years regularly turned to a small organized group of men for protection and justice. Discovery’s new series Amish Mafia provides a first-ever […]
Trademarks, Personal Names, and Chocolate
July 31, 2014
Trademark
A client recently asked whether he could apply to register his personal name as a trademark. Of course, just ask Lebron James, Sarah Palin, Arnold Schwarzeneggr, or Elvis (if you catch sight of him), all of whom registered their names as trademarks. Does that mean if your name is “Joe,” you can register “Joe’s Bar” […]
Skins Lose Trademark Game Before the TTAB
June 28, 2014
Trademark
If you haven’t heard by now, this past week the Trademark Trial and Appeal Board (“TTAB”) of the United States Patent and Trademark Office canceled several trademarks owned by Pro-Football, Inc. (“Pro Football”) for the term “Redskins” on grounds that the marks were “disparaging to Native Americans.” This issue has been around for some time […]
How Sweet it is…The Candy Crush Saga
February 28, 2014
Trademark
Have you ever played the mobile app game, “Candy Crush Saga” by King.com, Ltd. (“King”)? Are you addicted to it? Not me, you say. More power to you because by some reports King earns a million dollars a day from users who actually pay for the chance to continue using this “free” game. The way […]
Branding Rules While Candy Bars Wage Battle ….
November 27, 2013
Trademark
If you ever doubted the economic importance of branding, take a look at the 2013 World Intellectual Property Report authored by the World Intellectual Property Organization (WIPO). For the period from 1987 to 2011, United States investments in branding accounted for close to a quarter of all intangible asset investments! Brand ranking organizations value the […]