Trademarkology
Brands, Trademarks, and Registration
Red Bull’s Opposition Might Not Have Wings
It looks like Red Bull GmbH, the maker of the Red Bull energy drink, may have decided to throw its hat into the (bull) ring as a trademark bully.You are likely aware of Red Bull's...
The First Amendment, Target, and Rosa Parks
If you were following two weeks ago, you recall my recap of the Board's decision to refuse registration to "PRINCESS KATE" and "ROYAL KATE" on the grounds that potential consumers would think of Kate Middleton...
Fifty Shades of Trademarks
Millions have flocked to movie theaters to watch the much-anticipated movie Fifty Shades of Grey based on the trilogy by E L James. Whether or not you are into this kind of thing, there is...
Katy and Left Shark: Pop Divas Flex IP Muscles
If you watched the Super Bowl halftime show, then you know about Katy Perry and the dancing sharks (and dancing beach balls, and dancing palm trees). If you didn't watch it, you should hasten to...
Indeterminacy
In my post last week I promised to discuss how the Board decides likelihood of confusion cases. How the Board decides these issues is of particular interest because it bears on a case currently pending...
Art Imitates Life. Life Imitates….Trademarks?
What's your favorite trademark? Would you name your child after it?Naming children after favorite brands was spotted as a trend over a decade ago in the U.S.: https://www.techdirt.com/articles/20030929/0037233.shtml. But apparently the practice is not so...
It's 2015 and Marty McFly was Right: Hoverboards Do Exist
Yesterday I wrote about the DeLorean controversy and mistakenly posted that flying skateboards do not exist. I stand corrected. As my friend and colleague Justin McNaughton has pointed out, flying skateboards do exist. Marty McFly...
Software Licensing and Trademarks
Amy's Daughter Kathleen Running Proprietary Software I have noticed a new trend in software license agreements. It is the inclusion of a provision that permits software companies to use the trademarks owned by its customers...