Answers to some common Trademark Questions

Gordon P. Firemark

Your Trademark Questions Answered. Battles are waged in the market and lawsuits are filed all in the name of trademarks. So what's with trademarks that stir up a storm of lawsuits and battles? Trademarks are enormously valuable business assets. Trademark basics. A Trademark is a distinctive word, symbol or phrase be used to represent any good, that is affixed to goods and used to distinguish one product from the other. Trademarks don't expire.

F-Bombs Away! Scandalous Trademarks No Longer Taboo, Court Rules

THR, Esq. Entertainment & Media Law Blog

The fuct clothing brand has opened the door for f-word-related trademarks in a big free speech ruling. read more. THR, Esq. Style Style THR Online

Trademark for Album Titles – Entertainment Law Asked & Answered

Gordon P. Firemark

Should you register a trademark for your album title? So, David wrote in with this: I just came across one of your videos and have a questions about trademarks. Do I need to trademark the name of the album? AUDIO: TRANSCRIPT: [link].

Tweets, Tunes and Trademark Audits – Entertainment Law Update Episode 94

Gordon P. Firemark

PRACTICE TIP: YES, THEY DO AUDIT TRADEMARKS NOW. TEXAS LAWYER FILES APPLICATION TO REGISTER THE DOPEST LAWYER IN TOWN AS A TRADEMARK. - - - - - - - - - - - - - - - - - - - - - - - - - - - -. The post Tweets, Tunes and Trademark Audits – Entertainment Law Update Episode 94 originally appeared on Entertainment Law Offices of Gordon P. PRACTICE TIP: YES, THEY DO AUDIT TRADEMARKS NOW. TEXAS LAWYER FILES APPLICATION TO REGISTER THE DOPEST LAWYER IN TOWN AS A TRADEMARK.

Trademark Basics, Part Two:  How Trademark Searches Can Keep You Out Of Legal Hot Water

Broadcast Law Blog

In last week’s article beginning this series on Trademark Basics , we gave an overview of trademark basics and discussed why building up a strong trademark portfolio should be an important part of any media company’s overall business strategy. There is a common misconception that, once you register a trademark at the federal level, you are “protected” against any claims of infringement. As you can see, the simple act of “clearing” a trademark is rarely simple.

Trademark Basics Part 4: Trademark Housekeeping 101 – Conducting a Trademark Audit

Broadcast Law Blog

Last week, we discussed the benefits of federally registering your trademarks. But having a few federal registrations under your belt doesn’t mean your task of building a valuable trademark portfolio is complete. There are several additional steps you can take to make sure you are managing your trademarks wisely and getting the most value from them. Proactively maintaining your trademark portfolio can also help you avoid surprises.

Trademark Basics Part 4: After Trademark Registration

Current Trends

In Part 4 of Trademark Basis we explore what happens after you secure a trademark registration. Feel free to review Part 1 “Selecting a Trademark,” Part 2 From Selection to Application,” and Part 3 , “Intent to Use.”

Do I Need A Trademark Lawyer?

Current Trends

Having a trademark attorney on your product or service branding team is key to success. A trademark lawyer can spot potential pitfalls and help you navigate the complex application and follow-up process with the US Patent and Trademark Office (USPTO).

Honest Tea Trademark vs Honest Tea Trademark

Current Trends

The Coca-Cola Company dropped a trademark opposition proceeding in Australia against an Australian company selling and marketing tea beverages under the brand HONEST TEA. According to the Australian Trademark Office records, Teavolution Pty, Ltd filed the trademark HONEST TEA in Australia in 2005 and received registration(s) in 2007. has a pending trademark application in Australia. Trademark trademark litigation trademark registration

Trademark Basics, Halloween Special: Tips and Tales From the Trademark Crypt

Broadcast Law Blog

Over the last few weeks, we’ve offered insights about how you can stay out of legal hot water by establishing good practices with regard to your company’s trademark portfolio (see Part 5 of our Trade Basics series here , which contains links at the end to the other parts of the series). With Halloween just around the corner, we thought you might appreciate some Tips and Tales from the Trademark Crypt! Due diligence means more than running a trademark search.

RG3 vs RGIII Trademark Dispute

Current Trends

known by its brand and common law trademark RG3, may oppose the trademark application filed by football star Robert Griffin III for the mark RGIII for clothing items. trademark litigation trademark registration Research Group 3, Inc.,

Trademark Basics: Selecting A Trademark

Current Trends

Today is the first edition in a multi-part post on the basics of the trademark selection and application process. Q: What is a trademark or service mark? Throughout this post, the terms “trademark&# and “mark&# refer to both trademarks and service marks.

Vice Media and Porn Cryptocurrency Company Headed to Court Over Trademark

THR, Esq. Entertainment & Media Law Blog

Vice Industry Token is asking the court to evaluate whether it's infringing on Vice Media's trademark. read more. THR, Esq. Tech Tech THR Online

“Where seldom is heard a discouraging word?” Supreme Court Allows the Federal Registration of Disparaging Trademarks

Broadcast Law Blog

Supreme Court has invalidated the statutory bar against the federal registration of disparaging trademarks, on the ground that it violates the First Amendment and is unconstitutional. Accordingly, the Patent and Trademark Office (PTO) denied the application on the basis that, regardless of Mr. Tam’s intent, the phrase “THE SLANTS” may be disparaging to a substantial percentage of persons of Asian descent. That said, the decision will have minimal impact on how trademarks are used.

Venom v. Venom in the Trademark World

Current Trends

might end up in a choke hold in its trademark infringement battle against mixed martial arts clothing brand VENOM. NIKE has used the trademark VENOM for athletic equipment and apparel since 2002. trademark registration issued in 2003 for softball bats. NIKE, Inc.

Trademark Basics Part 1: Selecting A Trademark

Current Trends

Every year we need a refresher course in trademark basics. ” Q: What is a trademark or service mark? A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. by: Tamera H. Bennett.

The Commodores Trademark Fight Decided in Florida Court

THR, Esq. Entertainment & Media Law Blog

Three founding members of the famous funk band behind "Brick House" have been fighting over the right to use the group's name. read more. THR, Esq. Music Music THR Online

CRONUT – a donut? a croissant? a trademark?

Current Trends

A CRONUT is part donut and part croissant and Dominique Ansel, a baker in New York, claims trademark rights in the brand CRONUT for a variety of baked goods as well as prepared baking flours and mixes. A trademark application was filed with the US Patent and Trademark Office on May 19, 2013.

'Walking Dead' Producer Sues for Trademark Infringement

THR, Esq. Entertainment & Media Law Blog

The name 'Valhalla' is at the center of the dispute. read more. THR, Esq. Television Television THR Online

Entertainment Law Asked & Answered – How to Protect Your Brand with Trademark Registration?

Gordon P. Firemark

In this Asked & Answered video, I answer questions about trademark registration. Use the brand consistently, as a trademark. Register the brand as a trademark. So, What is a Trademark? What does a Trademark protect? How do I get a trademark?

Redskins Trademark Canceled, Called Derogatory

THR, Esq. Entertainment & Media Law Blog

The Patent and Trademark Office ruled that the NFL team''s name brings Native Americans into contempt and disrepute. read more. The Business Sports THR Online THR, Esq. Television Business

Charbucks Trademark Does Not Infringe Starbucks

Current Trends

New Hampshire coffee roaster, The Black Bear, won its 12-year battle against Starbucks , when the Second Court of Appeals confirmed the lower court’s ruling of no trademark infringement. Starbucks takes an aggressive stance against potential trademark infringers.

Eagles Sue Hotel California for Trademark Infringement

THR, Esq. Entertainment & Media Law Blog

The Baja hotel isn't affiliated with the famous song. read more. THR, Esq. Music Home Music THR Online

"Zorro" Trademark Declared Invalid in Europe

THR, Esq. Entertainment & Media Law Blog

In a blow to a company that has a deal with Sony Pictures, the European Union's trademark office rules that the name of the masked avenger is non-distinctive.

Trademark Basics, Part Five: Trademarks on the Internet

Broadcast Law Blog

Trademark owners have an obligation to police their marks and take steps to stop infringers. The biggest issues in trademark protection today arise from the use of trademarks on the Internet. Then, you learn that someone else has registered and is using a domain name that is confusingly similar to your domain name or one of your trademarks to attract traffic to their site. Concurrent Use of Trademarks on the Internet.

Hells Angels Sue Dillard’s and Rapper Clothing Line for Trademark Infringement

Current Trends

The Hells Angels Motorcycle Club’s distinctive brand identifier of the winged skull logo called the “Death Head,” in use by the club since 1948, is the driving force behind a trademark lawsuit against 8732 Apparel, LLC and Dillards, Inc.

Netflix and Escobar Family in Bitter Trademark Dispute Over 'Narcos'

THR, Esq. Entertainment & Media Law Blog

As the series contends with the killing of its location scout in rural Mexico, the family of Pablo Escobar ratchets up its rights claims while offering "no comment" regarding the crewmember's death. read more. THR, Esq. Television Television Culture THR Online Netflix Narcos

Trademark Basics Part 3: Intent to Use

Current Trends

In part three of Trademark Basics we explore “intent to use” trademark applications, interstate commerce, and common law rights in trademarks. You do not have to use the trademark before you file your federal trademark application.

Trademark Basics, Part Three: Nine Benefits of Federally Registering Your Trademarks (and How to Register)

Broadcast Law Blog

In last week’s Part Two of our series on Trademark Basics , we discussed the benefits of conducting a clearance search to try to ensure that the mark you are considering adopting doesn’t infringe on the rights of anyone else. Say the results of your clearance search have come back clean and, according to your trusted legal advisor, you should be able to use your trademark without worrying about being slapped with a demand letter. Shows Trademark Savviness.

Gucci $4.6 Million Trademark Victory Over Guess

Current Trends

million trademark infringement verdict against fashion brand Guess. The Gucci “green-red-green” stripe, around since the 1960′s, received a trademark registration in 1979. Trademark trademark litigation trademark registration

Trademark Basics for Media Companies, Part One: What Trademarks Are and Why They Matter

Broadcast Law Blog

In today’s digital economy, trademarks are often the most valuable assets that a business owns. For example, in 2015, Google’s trademark portfolio was estimated to be worth $76 billion, which constituted almost one third of the entire value of the company. While you may not hit 11-digit figures like these intellectual property behemoths, a smart trademark strategy can put you on the right course. So, what is a trademark? But not all trademarks are created equal.

It’s March Madness! … It’s April Madness! … Be Wary of Using the NCAA’s Trademarks

Broadcast Law Blog

Less than a week ago, the National Collegiate Athletic Association filed a trademark infringement action in federal court against a company that runs an online sports-themed promotions and contests under the marks “April Madness” and “Final 3.” Know the NCAA’s Rulebook or Risk A Foul Call Against the Unauthorized Use of Its Trademarks. The NCAA Aggressively Polices the Use of its Trademarks. sweepstakes or giveaways that include any NCAA trademark in its name.

Snow on Free Speech and Disparaging Trademarks

Media Law Prof Blog

Ned Snow, University of South Carolina, is publishing Free Speech & Disparaging Trademarks in volume 57 of the Boston College Law Review (2016). Speech law has silenced trademark.

Trademark Protection and Facebook User Names

Digital Media Law

Trademark protection just got a slightly more complicated, but in a good way. Starting now, there’s a new step that trademark holders or their attorneys should take to protect their trademarks or service marks. But the new Facebook scheme has something built in that the other sites apparently don’t: a mechanism for trademark protection. Filling in the form will prevent someone else from using your trademark as a user name. Tags: Facebook trademark

Trademark Seminar!

Trademark, Copyright, and Entertainment Law Forum

Take a look at the first of this series here: [link] Our first seminar is on Trademarks for Small Business. Topics covered: Tuesday, November 9 for the seminar on Trademarks. What is a trademark? • Why do I need to register a trademark? What common mistakes are made in trademark applications? • How can I enforce trademarks? • How are trademarks assets? Tags: seminar trademark law trademarks Announcing. Kravitz & Verna LLC.

Top Trademark/Copyright/Entertainment Law Posts of 2013

Current Trends

There’s a great mix of trademark, copyright and music publishing cases. Most visited posts in 2013 (no matter original post date): Number 5: Johnny Football vs Juanito Futbal Trademark Likelihood of Confusion.

Stephen Colbert Brews Up a Parody on Aggressive Protection of Olympic Trademarks

Broadcast Law Blog

A few weeks ago, we wrote here about the risks of using in advertising and promotions the Olympic trademarks , symbols or marks that may suggest an association with the Olympic Games. This restrictive stance did not go unnoticed by comedian Stephen Colbert, who earlier this week took the Olympic Committee to the mat with a biting parody that pokes fun at the Committee’s militant protection of its trademarks.

Why Warner Bros. Trademarked 'Nightwing'

THR, Esq. Entertainment & Media Law Blog

While insiders tell THR that studios like Sony feel aggressive trademarking is a waste, Warners may be the most aggressive operation in Hollywood in marking its legal turf.

Internet Cooking Channel Can't Trademark 'Jaws,' Says Board

THR, Esq. Entertainment & Media Law Blog

Patent and Trademark Office thinks consumers might confuse a streaming 'Jaws' cooking program with the silver-screen shark of the same name. The U.S. read more. THR, Esq. Movies Movies THR Online

It’s March Madness! Know the NCAA’s Rulebook or Risk A Foul Call Against the Unauthorized Use of Its Trademarks

Broadcast Law Blog

Now, with the NCAA Basketball Tournament about to begin, broadcasters, publishers and other businesses need to be multiply wary about potential claims arising from their use terms and logos associated with the tournament, including March Madness , ® The Big Dance , ® Final Four ® or Elite Eight , ® each of which is a federally registered trademark. The NCAA Aggressively Polices the Use of its Trademarks. sweepstakes or giveaways that include any NCAA trademark in its name.