Trademarkology
Brands, Trademarks, and Registration
It is Settled: You Can’t Don A Henley and Take It Easy
If you didn't laugh, I'm not going to explain it to you because it will make me feel old (or at least out of touch). In a New York Minute, Don Henley sued Duluth Trading...
Death, Taxes, and Goodwill
Goodwill is a concept near and dear to trademark law. After all, trademarks symbolize the goodwill of the business with which they are associated. Goodwill is an intangible asset that contributes to a trademark owner's...
Gummy Bear Repackaging Creates Trademarkologist Confusion
A couple weeks ago, I was having a particularly bad Friday and found myself in CVS grabbing two items that were guaranteed to improve my day: a Starbucks Frappuccino and gummy bears. Now, you'd think...
What’s in a (City) Name?
Can the name of a city serve as a trademark? Usually, it cannot. We are in Pawleys Island, South Carolina this week and there are many businesses here that incorporate the words "Pawleys Island", including...
Lane Bryant Clips the Wings of Victoria's Secret Angels
Lane Bryant has started a -- dare I say -- cat fight with Victoria's Secret with its new #ImNoAngel campaign. It's no secret that Lane Bryant is using the hashtag #ImNoAngel in an attempt to...
A FOOLS TRADEMARK PARADISE
Since this is April Fool's Day, I thought it might be fun to look at some of the ways trademarks have been used to levy pranks upon the unwitting. Here are a few of my...
Social Media Accounts and Trademarks
Can you use a trademark in your Twitter handle? I wouldn't. But I am a trademark lawyer. There are probably instances when it is okay. If the person using this Twitter handle were my client...
Trademark Filing Strategies
Common Sense Trademark Filing Strategies If you are using a name, word or symbol to sell goods or services, you have a protectable mark. Before you spend the money to file an application to federally...