Proctor & Gamble has recently filed two trademark applications for “WTF” and “FML” – two colorful acronyms containing the word “F*CK”. These marks would have formerly been rejected on the basis that they are “scandalous” or “immoral;” however, recent decisions validating registration of THE SLANTS (a band with Asian members) and REDSKINS (an NFL team)Continue reading ““Scandalous” Trademarks on the Heels of Matal v. Tam”
Category Archives: Trademark
Walmart Ordered to pay $95.5M for Trademark Infringement
Walmart was recently ordered to pay Variety Stores after a jury found that the company infringed Variety’s registered trademark BACKYARD. The jury concluded that Walmart’s use of the mark in a line of grilling products constituted willful infringement, resulting in a $95.5M treble damage award. Click here for back story
Is it Safe to Use a “Dead” Trademark?
Cancellation of a trademark registration does not extinguish common law trademark rights. If the owner continues to use the mark after abandonment or cancellation by the USPTO, that owner will still enjoy common law protections allowing for use within the current “zone of commerce.” While it may possible to register a canceled or abandoned mark,Continue reading “Is it Safe to Use a “Dead” Trademark?”
Amazon Attempts to Trademark Blue Rings
In July 2016, Amazon submitted an application to trademark the blue rings that encircle the top of their Echo product. This type of trademark has been granted in the past and will turn on whether the general public associates these cyan rings with the voice-controlled speaker. CLICK HERE FOR ARTICLE
Use Caution When Threatening an IP Action in the U.K.
“Threatening” a potential infringer for acts performed in the UK will now be governed by a new Intellectual Property Unjustified Threats Act. The act took effect on October 1, 2017 and outlines “permitted communications” between potential adversaries in patent, trademark and designs. It should be noted that the act will not apply to copyright infringements,Continue reading “Use Caution When Threatening an IP Action in the U.K.”
Woman Takes on Coca-Cola in Trademark Dispute and Wins
In 2005, an Australian woman named Annabelle Young wanted to start a tea company. In order to protect her IP she decided to trademark the name HONEST TEA in Australia. Not too long after her trademark issued, an American company using the same name brought suit against her claiming global rights in the name. ThatContinue reading “Woman Takes on Coca-Cola in Trademark Dispute and Wins”
Notorious Toronto Mayor in Trouble for Unauthorized use of Trademark
Rob Ford, the Toronto mayor of recent notoriety, is employing Ford’ famous oval shaped logo on t-shirts that support his cause. The Ford Motor Company claims that Mr. Ford did not seek permission before using their oval logo on “Ford Nation” shirts. In an effort to distance themselves from the recent bad press, the automakerContinue reading “Notorious Toronto Mayor in Trouble for Unauthorized use of Trademark”
New Feud Over Hatfield McCoy Trademark
Everyone has heard of the legendary grudge between the Hatfield and McCoy families during the mid to late 1800’s. While the family feud has quieted down in the last century, a new dispute is emerging over who has the right to use the trademark HATFIELD & MCCOY in competing moonshine ventures. Click here forContinue reading “New Feud Over Hatfield McCoy Trademark”
NYC Introduces Bill to Punish Buyers of Counterfeit Goods
The New York City Council has introduced a bill that would punish BUYERS of counterfeit goods. If convicted the purchaser could face a $1000 fine and a year in jail. Click here for full article
Craigslist Prevented from Trademark Peace Symbol
Craigslist’s application to trademark the international peace symbol was recently rejected. The Trademark Trials and Appeal Board held that the symbol failed to distinguish its products and services, even when given the color purple. A well known symbol must be clearly identify the source of goods if it is to be registerable. For this reasonContinue reading “Craigslist Prevented from Trademark Peace Symbol”