What is your trademark? A simple wordmark? A stylized wordmark? A design/logo with words? Or a design/logo without words? If your trademark consists of a design/logo with words, you have to decide if you want to register the words separately from the...
Recently, a new undergarment company specializing in clothing accessories like bras, corsets, lingerie, shapewear, and underwear filed a trademark application. But a seemingly unlikely adversary has risen up to fight back against that application: legendary heavy...
Can you register a trademark for a shape if that shape defines your product? The answer, in typically maddening IP law manner, is: Yes… but it depends. And for shapes specifically, the factors are stricter than a word or logo mark. A recent filing by the grower Little...
Sometimes your business does not need to register a mark to make headway in its marketing – sometimes it is more beneficial to file a Petition for Cancellation of a trademark before the Trademark Trial and Appeal Board (TTAB). This action may help if ownership of the...
We have talked about the Lanham Act previously in regards to how it helps define the U.S. trademark registration system. A recent case involving a U.S. company and its European distributor brings up a specific question about the Lanham Act: does it apply to...
At the end of 2022, I wrote about the Jack Daniel's parody toy case against Phoenix-based VIP Company. It has been ongoing for some time now, with both parties arguing their case all the way to the U.S. Supreme Court. Well, just a few weeks back, there was an update...
As veganism continues to grow in popularity, more consumers are becoming conscious of the impact their food choices have on their health. With an increase in demand for vegan products, more companies in the consumer market are claiming their products are vegan – even...
A black apron featuring bloody vampire fangs and the words Goth IHOP. Does this seem like a trademark violation to you? IHOP certainly thought so when they sent OnlyFans model Candylion what she calls a “copyright strike,” which told her to stop using their trademark...