Posts in Trademark Basics


A TWIST in the tale: Not your typical cola war

This case was not your typical “cola war”, but rather involved TWIST, the well-known carbonated beverage brand which has been available in South Africa since the 1970s (…
By Kelly Thompson
3 years ago 0

Trademark a Band Name: What’s in a Rock Band’s Name?

While it is possible to copyright the design of a band logo, the band name itself is not copyrightable (see here and here). Band names are protectable …
By Amanda G. Ciccatelli
3 years ago 0

Calgary Flames forward Johnny Gaudreau registers trademark for nickname “Johnny Hockey”

One of the more exciting young talents currently playing in the National Hockey League is Johnny Gaudreau, a forward for the NHL’s Calgary Flames who is …
By Steve Brachmann
3 years ago 0

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
4 years ago 4

Trademarks: A basic primer on trademarks and trademark law

Trademarks differ from copyrights, which protect original artistic or literary works, and patents, which protect inventions. A trademark primarily protects names, logos or symbols that identify a …
By Gene Quinn
4 years ago 0

Boston-based Tasty Burger alleges trademark infringement by Tasty Made, Chipotle’s burger chain

hipotle Mexican Grill is gearing up to launch a new franchise brand of restaurants. The first Tasty Made will open this fall in Lancaster, OH, and locations …
By Steve Brachmann & Gene Quinn
4 years ago 0

#UNDECIDED: Trademark Protection for Hashtags

Can a hashtag be a protectable trademark? And when does use of another’s trademark in hashtags constitute infringement? Disagreement has arisen among the United States Patent …
By David Kohane
4 years ago 1

Re-Classification According to New EU Trade Mark Regulation

The new European Community Trade Mark Regulation, as approved by Regulation (EU) 2015/2424 of the European Parliament, entered into force on March 23, 2016. Among other amendments, the provisions of …
By Yuliia Matsiuk
4 years ago 0

Overcoming obstacles when enforcing your descriptive brand in the UK and rest of Europe

We've all been there. The Marketing team comes up with a shortlist of branding ideas for the latest product or service – and at the top of the …
By Nick Aries
5 years ago 0

Sky is still blue for Skype trademark in Europe

In the decision dated 5th May, 2015, the General Court of the European Union concluded, upon examining the opposition by British SKY Broadcasting Group Plc (now SKY International) …
By Deepshikha Sharma
5 years ago 0

Bad News for the Redskins Trademark – Registration Exempt from First Amendment Scrutiny

Last Wednesday the Eastern District of Virginia issued its opinion and order on cross-motions for summary judgment in Pro-Football v. Blackhorse, the case in which the National …
By Brian Focarino
5 years ago 1

Business Owners Need Federal Trademark Rights

But deciding to apply for a federal trademark registration isn't the end-all-be-all. Frequently a name or mark is selected for a business without a trademark search ever …
By Gene Quinn
6 years ago 10

Selecting the Right Trademark for Your Business

You have probably had circumstances when you have positively associated with a certain trademark. Perhaps you were traveling and had the option to eat at one of …
By Gene Quinn
6 years ago 3

All-time Best Corporate Character Mascots

Recently Inc.com published an article titled The Art and Science of Corporate Icons, which discusses Skeeter the squirrel, who is apparently the only squirrel in the …
By Renee C. Quinn
7 years ago 10

Trademark Cases of the United States Supreme Court

In 1879 the United States Supreme Court first had the opportunity (and necessity) to address whether Congress had been granted in the Constitution the power to enact legislation …