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Trademarkology

Brands, Trademarks, and Registration
Trademarkology

Levi's Keeps Tabs on YSL's Pockets

Levi Strauss & Co. and Yves Saint Laurent have reached settlement in the Northern District of California lawsuit filed by Levi’s over YSL’s use of pocket tabs on jeans.

by Mari-Elise Paul September 24, 2019
Trademarkology

Federal Circuit Court of Appeals Leaves Open the Question of Whether ITC Determinations of Trademark Issues Have Preclusive Effect

On August 14, 2019, the U.S. Court of Appeals for the Federal Circuit issued a revised opinion in Swagway, LLC v. ITC, Case No. 18-1672 (Fed. Cir. Aug. 14, 2019) that left open the possibility that decisions by the International Trade Commission (the “ITC”) could have preclusive effect in federal district court cases involving trademarks.

by Alexandra MacKay September 20, 2019
Trademarkology

The Trouble with THE

You may have heard by now that a certain Midwestern university that gets a lot of attention in this blog has filed an application to register the word THE as a trademark.

by John W. Scruton September 05, 2019
Trademarkology

Federal Trademark Protection for Products Containing Hemp-Derived Cannabidiol (CBD)

As more states begin legalizing marijuana, there remains substantial tension with federal law, under which marijuana is illegal.

by Summer E. Young Ph.D. August 29, 2019
Trademarkology

SMOKEY BEAR

Seventy-five years ago this year, one of the most familiar public service images was created: Smokey Bear.

by Alexandra MacKay August 15, 2019
Trademarkology

New Examination Guide for Review of Specimens by US PTO

In its ongoing quest to preserve the integrity of the register, the United States Patent and Trademark Office (the “PTO”) has published new guidelines for the examination of specimens of use.

by Alexandra MacKay July 15, 2019
Trademarkology

Terrific Trademarks?

Recently, you may have heard the news about Tom Brady, a somewhat well-known quarterback in the professional sport of American football. His company, TEB Capital Management, Inc., filed two trademark applications seeking registration of the mark TOM TERRIFIC, one for shirts and one for trading cards, posters, and photographs.

by Alexandra MacKay June 14, 2019
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