IPWatchdog.com is in the process of transitioning to a newer version of our website. Please be patient with us while we work out all the kinks.

Posts Tagged: "Play-Doh"

The Most Iconic (and Patented) Toys and Games of All Time

Since America’s earliest days, a lot of creative and innovative toys have come through the consumer marketplace. Many becoming so iconic they have become household names and synonymous with a moment in time for America’s youth. Some of the most popular of these toys that continue to show up year after year under Christmas trees were patented… It wouldn’t be a traditional Christmas at IPWatchdog unless we spent some time profiling some cool innovations that relate to the holiday season. So today, I return to one of our all time favorite articles. Five years ago we published The Top 10 Most Iconic (and Patented) Toys and last year we published The Most Iconic (and Patented) Games. With Christmas firmly in mind, it is time to revisit and expand these lists. When initially published some truly iconic classic toys and games were inexplicably left missing. So, with the hours winding down before Santa Claus makes his way down chimneys across the world, join us as we look back at some of the most popular toys and games of all time, as well as the patents behind them.

Making Sense of the Nonsensical: A look at Scent Trademarks and their Complexities

Hasbro’s recent application to trademark the scent of Play-Doh is an example of how companies in the digital age market their products and protect their market share by using an complex intellectual property strategies. As more companies begin to implement nontraditional branding into their marketing strategies, they face legal uncertainties of how the law protects this form of intellectual property. Unfortunately, what qualifies as a legitimate scent mark remains opaque. This article will review the requirements of scent trademarks and discuss the complications associated with various aspects of these marks, including (1) the functionary doctrine; (2) the issue of scent subjectivity; (3) administrative and application difficulties; (4) the possibility of scent depletion; and (5) the uncertain benefits of scent trademarks.

Law & Odor: Hasbro Sniffing Out the Opportunities for Trademark Registration

The Trademark Manual of Examining Procedure (TMEP) provides some guidance on what an aroma needs to demonstrate before being registered, asserting that “the amount of evidence required to establish that a scent or fragrance functions as a mark is substantial.” To overcome the “substantial” threshold, an applicant must satisfy two conditions by establishing that the mark is (1) nonfunctional and (2) distinctive. An aroma that meets both of these requirements is eligible for registration on the Principal Register under §2(f) of the Latham Act, or on the Supplemental Register if the scent is nonfunctional but has not yet acquired distinctiveness. Hasbro is hoping that the scent of Play-Doh can be a source identifier for its modeling compound in the noses of consumers.