Posts in Trademark


Trump scores major victory in decade-long suit in China over real estate trademark

A Chinese judge recently approved a trademark which Trump first applied for in 2006 for the use of “TRUMP” to advertise in China for real-estate-agent services in commercial …
By Steve Brachmann
5 hours ago 0

Instagram challenges Microsoft trademark application at TTAB over ‘gram’ suffix

Instagram’s TTAB action targets U.S. Trademark Application No. 86663305, which would protect Microsoft’s use of the standard character mark “ACTIONGRAM” on goods including computer software …
By Steve Brachmann
22 hours ago 0

L’Oreal targeted in patent infringement suit by CA-based startup over bond building hair treatment products

Olaplex argues that L’Oreal is profiting from technology it first came into contact with in 2015, when L’Oreal discussed a possible takeover with Olaplex. After seeing …
By Steve Brachmann
1 day ago 0

76ers’ Joel Embiid trademarks “The Process” to market Shirley Temple drinks, children’s books

In recent weeks, Joel Embiid has filed two trademark registration applications with the U.S. Patent and Trademark Office, both of which would protect standard character marks …
By Steve Brachmann
2 days ago 0

Challenging Aspects of the Legal Protection of Non-Traditional Trademarks: “Shape Trademarks”

Classic trademarks consist of word or graphic elements, or their two-dimensional combinations. Naturally, they are targeted at one human sense only. Such trademarks can only be perceived …
By Anastasia Zaitseva
2 days ago 0

Can Internet Comments and Search Results Prove Trademark Infringement?

You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new …
By Eric Ball & William Pierog
3 days ago 1

Couple charged with funding large crime ring to produce counterfeit 5-hour ENERGY found guilty

Joseph and Adriana Shayota were recently found guilty of manufacturing and selling millions of counterfeit bottles 5-hour ENERGY. They were kingpins in a criminal ring of 11 people …
By Steve Brachmann
3 days ago 0

Schedule I status for marijuana prompts TTAB to deny trademark registration for JUJU Joints

A decision to deny trademark registration for two marks to be used on marijuana related goods was handed down in late October by the USPTO’s Trademark …
By Steve Brachmann
4 days ago 0

How Can You Protect Cannabis-based Intellectual Property Under Federal Prohibition?

What started as a curiosity in Colorado and Washington state in 2012 could have gained the momentum of a juggernaut: marijuana legalization. Now with California and other states …
By Derek Handova
11 days ago 1

8th Cir. decision upholds injunction against merchandiser using famous Warner Bros. images

On November 1st, the U.S. Court of Appeals for the Eighth Circuit (8th Cir.) issued a decision in a case brought by motion picture entertainment company …
By Steve Brachmann
12 days ago 0

ABA files amicus brief in Lee v. Tam to correct errors in trademark law made by Federal Circuit

In the brief, the ABA takes no official opinion on whether the disparagement provisions of the Lanham Act are invalid in the face of constitutionally-protected free speech. …
By Steve Brachmann
13 days ago 3

Trademark owners are often targeted by fraudulent, deceptive registry services

The U.S. Patent and Trademark Office’s official website warns trademark owners about private companies who conduct trademark scams. These schemes involve companies, many of which …
By Steve Brachmann
21 days ago 4

Ohio State brings trademark suit against CafePress over retail sale of clothing infringing school logo, Urban Meyer persona

Ohio State alleges that CafePress offers 1,100 Ohio State Buckeyes designs available on a total of 67,300 products. These products infringe upon trademarks held by Ohio State protecting its …
By Steve Brachmann
21 days ago 1

CAFC Overturns Trademark Cancellation, Clarifies ‘Use in Commerce’ Requirement

The Federal Circuit reversed the cancellation of two trademarks by the Trademark Trial and Appeal Board (“Board”) and remanded for further consideration... “Use in commerce” under the …

‘The Walking Dead’ production company brings trademark suit against Atlanta-area movie studio

Although the studio construction itself seems to be carrying on apace, Valhalla Studios has gotten itself into legal trouble over its chosen name. On October 19th, the …
By Steve Brachmann
1 month ago 0