A while back, I wrote about two big cases that involved an attempt to register trademarks that some people considered offensive or defamatory. The first involved “The Slants,” a band made up of Asian-American musicians who were deliberately attempting to take...
Trademark
Dick’s Sporting Goods Continues to Use Abandoned Trademark – At What Cost?
Between a larger company and a smaller company, if you were asked to predict who would be more careful about their trademark application – who would you pick? You might expect that a larger company would have greater access to legal resources, and would therefore have...
Can You Register a Trademark for the Translation of Your Book?
I will start this blog post with a simple trademark law fact: If you write a book, you are not allowed to register a trademark for the name of that book. Given that, perhaps you wonder how a person would arrive at the question: "But can I register a trademark for a...
When a Sound Can Be Registered as a Trademark for Goods
It is fairly uncommon for a sound to serve as a trademark for goods, likely due to how we define trademarks. In order for a mark to be registered, it must the mark must serve as a source identifier for the product or service. Typically, this involves that mark being...
Milwaukee World Festival Sues Minnesota Twins to Prevent “Summerfest” Trademark Genericide
Have you ever seen a company pop up multiple times in the headlines for defending its trademark name? You may have wondered, “Do they really need to go after every company that uses something similar? Are they just being aggressive?” If you are not immersed in the...
Indiana Jones and the Backpack of Litigiousness
If you have seen the new Indiana Jones movie – Indiana Jones and the Dial of Destiny – you might have noticed that Harrison Ford is sporting a particular backpack in the film. Actually, you probably did not notice it because you were too busy paying attention to the...
Distinctive Trade Dress Granted to Guitar-Shaped Hotel
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”...
Trademark Lawsuit: New vs. Founding Band Members of Autograph
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...