When we talk about trademarks, we often address concrete items that can be registered, like logos, symbols, words, or phrases. But what about the general “look and feel” or shape of a place or product? This protectable aspect of trademark law – known as “trade dress”...
The histories of bands are often fraught with volatile dynamics between members. Sometimes these dynamics rise to the surface in public lawsuits, especially when it comes to band ownership, royalties, and live show profits. This makes sense – a popular band can serve...
“The Old No. 2, on your Tennessee Carpet.” “43% Poo By Vol.” “100% Smelly.” Those are just a few of the quotes employed by Phoenix-based business VIP for their “Bad Spaniels” dog toy. They are meant to evoke and parody Jack Daniel’s famous “Old No. 7” label of whiskey...
Do you know what matters more than the registration of your business’s trademark? Its usage. One major way that a business can lose a viable trademark is non-use for a period of three or more years -- it's called trademark non-use abandonment. The USPTO tries to keep...
Back in July 2022, rapper Warren Hamilton filed a Notice of Opposition before the Trademark Trial and Appeal Board (TTAB) against Daniel Hernandez, who goes by the stage name 6ix9ine. In the Opposition, Hamilton said that he had been using a similar stage name – SIX9...
Have you ever wondered how businesses with similar names can legally coexist? Next time you see brands with similar marks, take note of their industry, products, and services. It is very likely that both businesses have registered trademarks – but they are registered...
Taking first place in digital fine arts at the 2022 Colorado State Fair was a piece named "Théâtre D'opéra Spatial." The artist, Jason Allen, garnered a lot of attention when, after winning, he revealed how the piece came to be: He used an artificial intelligence (or...
When a business applies to register a trademark, other businesses may oppose the registration of that trademark for various reasons. One motivation for trademark opposition that sticks out in recent news: false suggestion of a connection. NPG Records, LLC and Paisley...