John Wick to Jane Wick: “Yeah, I’m Thinking I’m Back.”
Fish Tank: Newsletter Volume 25, Issue 5
Like the titles of single creative works, character names do not generate trademark rights unless used for a series of creative works (meaning two or more). A year ago, Jane Wick, LLC filed a trademark application for the mark JANE WICK in logo format.
A White Out: Holiday Cheer for Collegiate Sports Licensing
Fish Tank: Newsletter Volume 24, Issue 29
This holiday season, many will hope it’s a white out, a classic white Christmas, as they unwrap gifts of licensed collegiate apparel. While thanking the givers of those gifts is probably the right thing to do, I’d say thank the White Out.
Will you add MetaBirkin to your holiday wish list?
FishBits: Mini Article Volume 24, Issue 21
In 2021, artist Mason Rothschild created a series of non-fungible tokens (NFTs) that depict fuzzy handbags called “MetaBirkins” which he offered for sale on the NFT marketplace OpenSea. In 2022, the French luxury brand Hermès, known for its “Birkin” handbags, filed a lawsuit for trademark infringement and other claims against Rothschild.
Who Ya Gonna Call? Ghostbusters Win Infringement Lawsuit
FishBits: Mini Article Volume 24, Issue 18
Watching scary movies is a time-honored Halloween tradition, and one of the greatest movies to watch this time of year is “Ghostbusters” which premiered in 1984.
Not All Super Heroes Wear Capes, Or Trademark Registration Symbols
Fish Tank: Newsletter Volume 24, Issue 24
The Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office ordered the cancellation of four U.S. trademark registrations for SUPER HERO and SUPER HEROES owned jointly by Marvel Characters, Inc. and DC Comics.
ATLIENS vs. ATLiens, Let Me Hear You Say “O-Nay-Yer”
Fish Tank: Newsletter Volume 24, Issue 22
Last month, Outkast filed suit against ATLiens Touring, seeking an injunction against ATLiens Touring’s continued use of ATLiens and seeking damages.
Crayola’s Crayons Pass the USPTO Smell Test
Fish Tank: Newsletter Volume 24, Issue 21
Imagine opening a brand-new box of 64-color Crayola Crayons. Take a whiff. No matter how or where or when you grew up, this is a scent you know. We all know. But is that enough to obtain a US federal trademark registration?
OH SHOOT & WTF: REGISTERING BAD, DISPARAGING AND SCANDALOUS WORDS AS TRADEMARKS
Fish Tank: Newsletter Volume 24, Issue 20
Historically, “bad word” marks would have been refused as “immoral” or “scandalous.” That changed due to the Supreme Court’s 2019 Iancu v. Brunetti decision.
Enough Use to Stay Airborne
Fish Tank: Newsletter Volume 24, Issue 19
In Chicago last weekend, the Chicago Air and Water Show entertained thousands of lakeshore spectators with the aerial prowess of a series of aircraft including the Blue Angels, F-35s, supersonic jets, and other airplanes.
Trumpamania Trademark Filings Get Ready to Rumble
FishBits: Mini Article Volume 24, Issue 14
During this year’s RNC, Hulk Hogan delivered an impassioned speech featuring the term “Trumpamania”—-a play on the term “WrestleMania,” the annual wrestling event where Hogan was a long-time reigning champion.