“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...
Trademark
How Not to Lose Your Trademark to Non-Use Abandonment
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...
6ix9ine Loses Trademark for His Name, Learns Importance of Responding to Lawsuits
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...
Essential IP Knowledge: Trademark Classes
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...
AI – Artist or Paintbrush?
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...
Is PURPLE RAIN a Nearly Invincible Trademark?
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...
A Lesson in Delayed Trademark Infringement Claims from Gibson Guitars
As we have discussed in previous posts, it is a business’s responsibility to pursue claims of infringement against its copyrights and trademarks – the TTAB will not do it for you. The reasonable hope is that this encourages businesses to make claims that are pragmatic...
Trademark Salad: Unintended Consequences of the Amazon Brand Registry
Have you ever bought something on Amazon with a brand name that seemed unpronounceable? Perhaps the name’s language of origin was difficult to trace – almost like a string of random letters. That seems crazy, right? Well, this may in fact be the case for some brands...