Sometimes, trademark confusion battles between brands can start to sound a bit like an elementary school playground fight. Case in point? Bullshine v. Sazerac, which was just decided in both brands’ favor… sort of. Back in 2015, Baltimore-based distiller Bullshine...
Trademark
INTA’s Annual Meeting: Exciting and Scary Times
Protection of company trademarks and copyrights is becoming increasingly important. This point was driven home to me last week when I attended the International Trademark Association’s (INTA) Annual Meeting in San Diego along with a wide variety of trademark...
Lady Gaga and California Surf Company in Battle Over Who Owns “Mayhem”
About a decade ago, California surf company Lost International received trademark protection for the stylized “Mayhem” logo it uses on merchandise. So, when they learned that Lady Gaga would be using “Mayhem” in conjunction with her new album (it is the name of her...
Jack Nicklaus Can Keep Using His Own Name and Likeness in Business
It is a ruling that initially sounds like a joke: a New York Civil Division Supreme Court Justice has ruled that golfing legend Jack Nicklaus is now free to use his name and likeness in business once again. Why was his ability to use them ever in question? And how did...
Warner Bros. Illustrates Importance of Policing Trademarks with Harry Potter Lawsuit
If you want to stop people who might utilize the marks associated with a brand you own, the first thing you need to do is register those marks with the USPTO. However, your work does not stop at registering your marks – the real deterrent comes when entities police...
Judge’s Decision on Netflix Sports Comedy May Make “Waves” in the World of Trademark Rights
What if I were to tell you a television show about a basketball team that uses a real basketball team’s registered trademark name and colors, is set in the same city, and even has the fictional team being founded in the same year? If you said that sounds a lot like...
Trademark Trial and Appeal Board Precedent Overturned after 50 Years
Can the filing of a false Section 15 Declaration provide valid grounds for cancellation of a trademark registration? In the case of Great Concepts, LLC v. Chutter, Inc., the Federal Circuit Court answered no. They did so again in a modified opinion after a petition...
Buc-ee’s Sues North Texas Gas Station Over Logo
If you have ever driven down I-95 toward Daytona Beach or St. Augustine (or in much of the southeast or practically anywhere in Texas), chances are good that you have seen signs advertising Buc-ee’s gas station/country store. If you have seen those signs or visited a...