The Supreme Court heard arguments last week regarding an appeal of the Patent and Trademark Office’s refusal to register TRUMP TOO SMALL for shirts and sweat shirts filed by Steve Elster
Intellectual property lawyers don’t just prepare arcane treatises on scientific and technological topics, i.e., patent applications. We also have a host of cool moves and magic tricks up our sleeves.
Trademarks travel. In many ways, that’s one of the primary purposes of a trademark—to distribute the reputation of the brand’s owner widely and efficiently. It is for this reason that trademark registrations issued by the U.S. Trademark Office are entitled to nationwide rights.
School names and their indicia are now a big source of revenue and local schools’ merchandise is found alongside college and pro sports merchandise. However, included with the increased visibility from the monetization and use of school names and mascots are trademark infringement risks.
National Red Wine Day is observed each year on August 28th. This year, to celebrate, we are sharing a fun story about wine, trademarks, and legal battle over the rights to use a family name on wine labels.
In a rare unanimous decision, the Supreme Court sided with Jack Daniel’s Properties, reversing the Ninth Circuit decision that found VIP Products’ dog chew toy, a non-infringing parody of the trademark rights Jack Daniel’s holds in its name, JACK DANIEL’S, OLD NO. 7, the label, and bottle design.
People like tacos on Tuesdays. They just do. It’s even fun to say: “Taco Tuesday.” But since 1995, Registrant has owned a federal trademark registration for “Taco Tuesday.” Not cool.
When a Bad Spaniel leaves a doggy stain on a famous brand’s proverbial carpet, even the Supreme Court can have fun.
Each of us is creative. The key is to leverage that creativity, converting it into an intellectual property asset that enhances enterprise value.
People are familiar with the most famous examples of trademarks which have been “lost”—or almost lost.
Fishman Stewart attorneys are dedicated to the practice of intellectual property law. As strategic advisors to CEOs and senior executives throughout the world, we help maximize the value of our client’s “intellectual capital.”
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