Resources

Trademarkology

Brands, Trademarks, and Registration
Trademarkology

Buckeyes Get Black Eye in First Round Against Redbubble

Recently The Ohio State University (yes, that one) suffered a loss before the U.S. District Court for the Southern District of Ohio in a home game against visiting Redbubble, Inc. OSU had sued Redbubble for trademark infringement, unfair competition, and other claims due to Redbubble’s alleged use of certain trademark rights owned by OSU, but lost in cross motions for summary judgment.

by Alexandra MacKay May 15, 2019
Trademarkology

The College Admissions Scandal Crosses into Trademark Territory

By now you are no doubt familiar with the current college admissions scandal. After a few weeks of celebrities and other wealthy folks being embarrassed, being criminally charged, and pleading to those charges, a trademark issue finally surfaced in the popular press.

by John W. Scruton May 06, 2019
Trademarkology

US PTO Proposed Rule for Foreign Trademark Applicants and Registrants

The U.S. Patent and Trademark Office (the “PTO”) has proposed new rules that would require foreign trademark applicants and registrants to engage U.S. attorneys to prosecute applications, handle post-registration matters, and represent them before the Trademark Trial and Appeal Board.

by Alexandra MacKay April 12, 2019
Trademarkology

Forfeiture and Collective Membership Marks

Most marks are either trademarks (used in connection with goods) or service marks (used in connection with services). But there are a few other kinds of marks.

by Alexandra MacKay March 20, 2019
Trademarkology

Registrability and Use of Immoral and Scandalous Marks

The U.S. Supreme Court has granted the U.S. government’s petition for a writ of certiorari in a case challenging provision of the federal trademark statute. In In re Brunetti, 877 F.3d 1330 (Fed. Cir. 2017), the U.S. Court of Appeals for the Federal Circuit found the portion of the Lanham Act that proscribes registration of trademarks comprised of “immoral and scandalous matter” unconstitutional.

by Alexandra MacKay February 15, 2019
Trademarkology

Benefits of Registration

At the beginning of this new year, it helps to remind ourselves why we engage in this work, why trademarks matter, and, more particularly, why registration matters. Trademarks symbolize the goodwill of a business; they are the emblems of the brand owner’s reputation. Registrations strengthen and protection those important symbols.

by Alexandra MacKay January 11, 2019
Trademarkology

Chuck Taylor Shows a Big Benefit of Registration

The iconic Chuck Taylor sneaker was involved in a recent case that has the attention of trademark watchers. The bone of contention was the familiar look of the Chuck Taylor sneaker worn by generations of American kids (and adults), and whether shoes imported by Skechers and others were infringing.

by John W. Scruton January 08, 2019
Trademarkology

Expedited Cancellation Procedures at the TTAB

Recently the Trademark Trial and Appeal Board (the “TTAB”) decided TV Azteca, S.A.B. de C.V. v. Jeffrey E. Martin, Can. No. 92068042 (TTAB Dec. 7, 2018) using the expedited cancellation procedure that is the subject...
by Alexandra MacKay December 18, 2018