The fashion world is incredibly focused on iterations, drawing on historical style choices and reusing them over time. Because of this, it is an interesting question to consider what products can be registered as a distinct trademark – and what cannot. If a product...
Franchise business operations are heavily governed by rules. These rules make it possible to both protect and share the intellectual property of the central business’s marks. When the rules are violated, the mutual commercial relationship breaks down. In Seattle, WA,...
Is the number of available trademarks finite? No, but you should be asking a different question: is the number of effective trademarks finite? Absolutely. In the past few years, trademark registrations have soared, with a noticeable uptick from applicants in China....
Whether you are a fan or not, chances are good that you probably imagine the face of Marshall Mathers (AKA Eminem) when you hear the name “Slim Shady”®, thanks to his popular music success. Even if you have never heard his music, controversy over his incendiary lyrics...
The phrase “likelihood of confusion” is commonly used by examining attorneys at the USPTO to refuse a trademark application. It is also a phrase I often use when advising clients who are in the process of selecting a trademark for their new business or product line. ...
Is your trademark a work of art? Original and independently created? Your trademarks may be eligible for copyright registration in addition to trademark registration. Why would you obtain both copyright and trademark registrations? Broader protection. A work of art is...
One would think that Dolly Parton can have whatever trademark registration she likes. The singer’s multi-decades career almost guarantees recognition by a majority of the US population -- if not the world. However, a current dispute between the singer and Dolly...
Hershey Co. has threatened a trademark infringement lawsuit against a California keto-cookie brand known as The Cookie Department. The alleged infringement stems from a shape that most of us know (and some of us love), the iconic teardrop shape of a chocolate chip. As...