Category Archives: Trademarks

Trump’s Trademark Issues

How long has Trump been planning this? Apparently Mr. Trump decided he liked the sound of “Make America Great Again” as  far back as 2012, when he first filed an application for the phrase with the Trademark Office (Serial 85783371).   … Continue reading

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Color-only Trademarks

What do UPS, Tiffany and Co., and Owens Corning have in common?  The mere sight of the color of their product (Pullman Brown, Robin’s Egg Blue, and Pink) brings to mind who they are without ever having to place a logo … Continue reading

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Tee-shirt Slogans

I have a great idea for a tee-shirt – can I register it as a trademark??? Short answer – probably not.  The main issue with whether a slogan or word  operates as trademark is how it is used.   This is … Continue reading

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Pied Piper’s Trademark Problems

On a recent episode of HBO’s new show Silicon Valley, the hapless coders find themselves in a bind when they realize that the “placeholder” company name “Pied Piper, Inc.” was already in use by Pied Piper Irrigation, another California company. … Continue reading

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Minnesota Do-Gooders Club

I recently had the opportunity to sit-down with Wendy and Matthew with the Minnesota Do-Gooders to talk about copyrights and trademarks. They did a great job of putting my ramblings together into a pretty comprehensible program. http://www.mndogooders.org/ideas/listen/copyright-and-trademarks-for-nonprofits

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Top 10 Lists

I was recently asked by an attorney friend about using the phrase “The Top Ten Reasons…” in relation to a top ten list (á la David Letterman) that she was planning on using in a marketing piece.  This wasn’t a … Continue reading

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Linsane Trademarks

Since February 7th the Trademark office has received eight trademark applications for the term LINSANITY.   The products identified in applications range from clothing, jewelry, and sport drinks, to eyeglasses and cell phone covers.  The only problem is only one of … Continue reading

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Limitation on Color Trademarks in the Fashion Industry

In 1992, shoemaker Christian Louboutin began using red lacquer soles on some of its shoes.  In 2008, the red soles were registered as mark in the US Patent and Trademark Office, and on January 1, 2008, number 3, 361,597, the “red … Continue reading

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Options When Taking Down Counterfeiters – $164 million awarded in Tory Burch lawsuit

Earlier this month, the U.S. District Court, Southern District of New York awarded a default judgment to clothing designer Tory Burch LLC in its trademark counterfeiting and cyber-squatting case against  232 websites which sold copies of Burch’s handbags, flats, and … Continue reading

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Trademark Enforcement

When thinking about whether or not to enforce a trademark, keep in mind the purpose of having the mark is to serve as an identifier of the source of the good or service for consumers. With this in mind, in … Continue reading

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