Trademark

12Dec 2019

Dim Sum Wars – Trademarks at Loggerheads

December 12, 2019 Trademark
TM is for Trademarks

It’s not uncommon for our office to receive calls from restaurant owners, complaining that another restaurant in town is infringing its trademark. Frankly, pizza and cheesesteak establishments are just not that creative when it comes to choosing distinctive names.     One well-known dispute you may know about involved the Olivieri family members who sued each […]

05Dec 2019

No, You Can’t Trademark “OK Boomer”

December 5, 2019 Trademark
TM is for Trademarks

Trademarking “OK Boomer” You may have heard that the generational battle between “millennials” and “baby boomers” now has a catch phrase: “OK Boomer”. It’s a dismissive phrase by those darn youngsters who are loitering on your lawn and forgetting to pull up their pants. I’m kidding about the loitering and the pants, but the catchphrase […]

21Nov 2019

Fake News: The Trademark

November 21, 2019 Trademark
TM is for Trademarks

The term “fake news” has entered our political lexicon as an epithet directed at journalists and news organizations. Professional journalists, who take great pride in their profession and the role they have historically played in our democracy, are offended by the tone of civil discourse on this issue. Now, one group of journalists, The Florida […]

01Aug 2019

Foreign-Domiciled Trademark Applicants, Get an Attorney!

August 1, 2019 Trademark
TM is for Trademarks

Earlier this year we wrote about recent trends in trademark filings by China. Between 2013 in 2017 Chinese companies filed more as PTO said than 50,000 trademark applications With the United States Patent and Trademark Office (USPTO). The increase in filings could be explained by growth in the Chinese economy and Chinese government subsidies, paying […]

14Mar 2019

China Deluges U.S. with Trademark Filings

March 14, 2019 Trademark
TM is for Trademarks

It is widely known that China has been the source of cyber attacks against public and private entities in the United States. The nature and effectiveness of these attacks are of considerable concern. According to one estimate, cyber theft by the Chinese has cost the U.S. economy more than $300 billion annually taking into account […]

14Feb 2019

MacDonald’s Loses its Mojo in the EU

February 14, 2019 Trademark
The-Top-Computer-Companies-In

McDonald’s Trademark BIG MAC Trademarks may reside in families.  A family of marks is a group of trademarks that have a recognizable common characteristic.  For example, you may recall that Eastman Kodak owned trademarks for KODACOLOR, KODAMATIC, and KODACHROME, the term “Koda” being the common element of all three trademarks.  A family of marks is […]

13Dec 2018

Is a Trademark Tangible or Intangible Property? And What does this have to do with the Mongols?

December 13, 2018 Intellectual Property, Trademark
TM is for Trademarks

Tangible or Intangible?  This is actually an interesting question. If you erect a sign displaying a trademark over a store, isn’t that a tangible representation of a trademark? Of course it is.  On the other hand, if you were to license your trademark for use by another company, you don’t transfer a physical representation of […]

09Aug 2018

Candy Bars Make Trademark News Yet Again

August 9, 2018 Trademark
The-Top-Computer-Companies-In

In 2013, we wrote about the branding wars between candy bar makers.  These disputes are good measure of the boundaries between 3-D trademarks that have acquired distinctiveness (registrable) and those that are functional (not registrable). In 2006, Nestlé was granted trademark rights in the “distinctive” shape of its KitKat bar in various European countries.  But […]

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