Trademark

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 […]

08Feb 2018

Marijuana Madness

February 8, 2018 Trademark
trademark marijuana

Marijuana has become big business. We never thought it would happen but now  29 U.S. states and the District of Columbia have legalized medical marijuana and eight states have legalized pot for recreational use. But alas, federal law, still classifies cannabis as a Schedule I controlled substance under the Controlled Substances Act meaning that cannabis […]

21Jul 2017

SCOTUS Scores One For Free Speech and Redskins Team Rejoices!

July 21, 2017 Trademark
TM is for Trademarks

The Washington Redskins NFL team has been fighting for years to maintain its registered trademarks containing the term REDSKINS. Its on and off again fight has been hotly debated in public, press and the courts. Finally, the United States Supreme Court has weighed in.  Funny enough, the case before them was not that of the Redskins but […]

09Jun 2017

Is Google Guilty of “Genericide”?

June 9, 2017 Intellectual Property, Trademark
The-Top-Computer-Companies-In

Is Google Guilty of “Genericide”? Mr. Chris Gillespie must have thought he had a brilliant idea when he registered multiple domain names that included the term “Google,” such as “googledisney.com,” “googleBarackObama.net,” “Googlenewtvs.com” and others. Did he truly believe that Google would not sue him?   Or was this part of a grander scheme?  Think about the […]

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