Chick-fil-A’s Successful “Eat Mor Chikin” v. “Eat More Kale” USPTO Letter of...
As you will recall, we have followed pretty closely Chick-fil-A’s “Eat Mor Chikin” trademark claims against Vermonter Bo Muller-Moore and his “Eat More Kale” trademark: Eat More Anything? New York...
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Will the Twitter Bird Fly Alone Some Day?
Last month William Lozito, over at Name Wire: The Product Naming Blog, reported on Twitter’s new bird logo, and the multitude of don’ts associated with the launch of it. Having so many...
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Tree Hugging Evidence of Successful Trademark Enforcement?
It is not every day that tree rings are trending on Bing. This image got me thinking about how it might be an even better image to illustrate how effective trademark enforcement can impact the scope of...
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678 Ways to Leave a Motel Franchise?
There must be an infinite number of possible names for someone tasked with re-branding a motel, yet on a recent trip to Iowa City to interview an amazing pool of law students, I captured some photos of...
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Successful Evolution of an Unlicensed Business Model?
Brand owners and managers may wonder, is a trademark license required when another’s unregistered color scheme is used? Depending on the facts, it may very well be. About four years ago brand owners...
View ArticleTrademark Hooliganism
A day doesn’t go by without my GoogleAlert spotting another online reference to some purported example of “trademark bullying.” It seems like just about any private assertion of trademark infringement...
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Cease and Desist, Please
- Brent Carlson-Lee, President, Open Door Foods If you’re anything like me, you occasionally muse about being a celebrity. If I were a movie star, I’d gladly sign autographs – even while at a...
View ArticleTrademark Victims?
Hardly a day goes by without the media reporting on some sort of trademark dispute. Enter the need for a winner and a loser, a bully and a victim. You know the typical media drill by now, Goliath is...
View ArticleTrademark Civility
About a week ago I had the honor and pleasure of once again presenting the annual trademark review at the 11th Annual Midwest IP Institute in Minneapolis, Minnesota, with good friend and trademark guru...
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NFL Thwarts Ownership of Harbowl TM
As many have written about before me, the NFL is quite protective of its rights in the SUPER BOWL trademark, so much so that some think it has earned the pejorative ”trademark bully” label, so I...
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Casting Your Trademark Enforcement Net
Please consider this beautiful backdrop and sunset in Ontario, Canada, as a gentle reminder of how important it is to have a very clear understanding of your brand’s trademark strength and reasonable...
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Ice Bar or V Bar on Ice?
On my last trip to Las Vegas, I captured these photos at the so-called ”Ice Bar” located in the Golden Nugget in downtown Vegas (for my digital scrapbook of trademark storytelling): So, I couldn’t...
View ArticleNONPROFIT BRAND TINTED WITH – NOT TAINTED BY – LEGAL
- Abby V. Reiner, Brand Director, Wounded Warrior Project Fine (red) Lines Nonprofits walk a fine line between wanting everyone to feel a part of the mission without allowing everyone to use its...
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I’m Gumby Dammit — A Flexible Trademark?
The Minnesota History Center is currently promoting its Toys of the ’50s, ’60s and ’70s exhibit — my favorite promotional billboard is the one captured above, featuring none other than Gumby. I can...
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Will Chick-fil-A, uh Chicken Out?
Just so you know, this is not the post I planned to write today. Hat tip to you, Bo! It has been exactly one year since Bo Muller-Moore — the “Eat More Kale” guy from Vermont — submitted a...
View ArticleReeejected!
Think an undefended opposition proceeding is a slam dunk, then you better think again. In Emminence, LLC v. Lisa Kelly, Opposition No. 91205286 (October 8, 2014), the Trademark Trial and Appeal Board...
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The Shiny Bright Red Holiday Star Brand(s)
In the context of the holiday season, what comes to mind when you see a shiny bright red star? If you’re reading this post from Russia, perhaps the top of a New Year Tree is brought to mind. Of course,...
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An Energized Trademark Monster?
Three months ago we discussed a “trademark bullying” allegation against Monster Energy, detailed in a declaratory judgment complaint filed in Montana federal district court by energy-drink competitor...
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Would You Feel Friendly Toward Freddy?
As the brand manager or trademark counsel for Friendly’s, would you be friendly toward Freddy’s? I remember the Friendly’s restaurant chain when we lived in Columbia, Maryland, back in the days when I...
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12th Man Down
In the wake of our 49th Super Bowl (er, “The Big Game”), it seems the Seahawks are not only making headlines with their last minute calls, but also with their IP strategies. Over the past couple of...
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