trademarks

Adam Fagen

Court: Apple Has To Share The iPhone Name With Chinese Accessories Company

A Chinese company that peddles purses and wallets bearing the IPHONE name has the right to keep selling those products, despite Apple’s efforts to keep the trademark all for itself. [More]

Washington Redskins Also Petition Supreme Court To Hear Trademark Appeal

Washington Redskins Also Petition Supreme Court To Hear Trademark Appeal

Last week, the U.S. Patent & Trademark Office petitioned the Supreme Court to chime in on a case involving the trademark application for a rock band with a racially charged name. Any SCOTUS ruling in that case would have an impact on the similar ongoing dispute over the trademark for the NFL’s Washington Redskins, but rather than hope for a favorable result with that petition, the football team has filed one of its own. [More]

afagen

Trademark Office Takes Dispute Over “Scandalous” Trademarks To Supreme Court

While the law prohibits the U.S. Patent and Trademark Office from registering “immoral, deceptive, or scandalous” or disparaging trademarks, a federal appeals court recently ruled that this law is too restrictive and unconstitutional. Now the USPTO is asking the nation’s highest court to chime in on an issue that could impact countless rejected or cancelled trademarks, including that of the Washington Redskins. [More]

Great Harvest Bread Suing Panera Over Trademarked Slogan

Great Harvest Bread Suing Panera Over Trademarked Slogan

Back in 2014, Great Harvest Bread Company trademarked what it thought was a neat slogan: “Bread. The Way it Ought to Be.” So when fellow baked goods peddler Panera Bread introduced its slogan, “Food as it should be” in 2015, that hit a little too close to home for Great Harvest. [More]

Ben Schumin

Man Who Resurrected Hydrox Can Now Bring Jordan Marsh, Bullock’s, May Company Brands Back To Life

Two years ago we profiled Ellia Kassoff, the mad genius who seems intent on bringing back every brand that you ever said “remember when…” about. He has already resurrected Hydrox, the original sandwich cookie, but he’s also been battling Macy’s for several years over a slew of trademarks for stores Macy’s acquired and shut down. Today, Kassoff says he’s reached a deal with the department store giant that will allow him to try to breathe new life into several long-dead retail brands. [More]

(David Paul Ohmer)

Judge: Macy’s Still Has A “Protected Interest” In Trademarks Of Retired Stores Like Marshall Field’s

Macy’s doesn’t necessarily want to sell anyone T-shirts bearing the names of department stores it’s bought up over the years, including Marshall Fields’, Lazarus, and six others, but according to a judge’s recent ruling, no one else can legally peddle clothing with those retired brands on them, either. [More]

Nestle Loses High Court Bid To Trademark KitKat Shape In The UK

Nestle Loses High Court Bid To Trademark KitKat Shape In The UK

If you happen to hop across the pond and are looking for a chocolate treat, you might see the familiar shape of a KitKat bar — but it might not actually be a KitKat, after the high court in the United Kingdom put the kibosh on Nestle’s attempt to trademark the four-finger shape of the KitKat bar. [More]

(d'n'c)

Sorry, Person Named Chanel, You Can’t Use Your First Name As An Instagram Handle

When you’re an early adopter of a website, that means you have your pick of usernames. A young lady in Canada registered for Instagram early on, before Facebook acquired the company. Her username was her real first name: Chanel. Eventually, brands began to use the service, and that’s when the fashion house of the same name found that someone had already registered @chanel. Now no one is using that ID. Why? [More]

Court Ruling On Rock Band’s Name Could Bolster “Redskins” Trademark

Court Ruling On Rock Band’s Name Could Bolster “Redskins” Trademark

In 2014, the U.S. Patent and Trademark Office canceled the trademark for the NFL’s Washington Redskins, deeming the term offensive and therefore not eligible for trademark. In July 2015, a federal court sided with the USPTO and ordered the agency to cancel the team’s trademark. But a ruling this week by an appeals court in Washington, D.C., adds a new wrinkle to this complicated and controversial issue. [More]

(mdemon)

Supreme Court: Yes, You Need Permission To Sell T-Shirts Featuring Bob Marley’s Face

When it comes to famous faces, not just anyone can cash in and use those well-known likenesses for their own financial gain. That’s why the highest court in the land has turned down an appeal from clothing companies that wanted to peddle T-shirts bearing the image of reggae legend Bob Marley.

[More]

Pinterest sued Pintrips in 2013, alleging that the travel-booking site was infringing on its trademark.

Pinterest Doesn’t Own Exclusive On “Pinning” Things Online

Ages before there was an Internet, and certainly long before Pinterest ever came onto the scene, folks were pinning things — to bulletin boards, to computer dashboards and docks. But the folks at Pinterest believe they have an exclusive trademark of the online use of phrases like “pin it.” Unfortunately for them, a federal judge disagrees. [More]

Lindt Beats Haribo In Legal Battle Over Candy Bears

Lindt Beats Haribo In Legal Battle Over Candy Bears

It might seem pretty obvious that chocolate candy shaped like a bear is quite different from a gummy candy bear, but now it’s official: a judge in German ruled that Lindt’s foil-wrapped, bear-shaped chocolate treats aren’t copying rival candy purveyor Haribo’s gummy bear mascot.

[More]

Federal Court Rules: Chicken Sandwich Not Protected By Copyright

Federal Court Rules: Chicken Sandwich Not Protected By Copyright

You may recall that we recently tested various burger recipes sent in by readers. What if I took one of those recipes, slapped the name “Morranwich” on it and made it the basis of a billion-dollar burger empire? While the reader whose recipe I used for the sandwich might be really upset, they couldn’t make a copyright claim against Morranwich Worldwide (a division of Cyber Dynamics Systems Corporation) because, as precious as a sandwich recipe might be, it’s not copyrightable. [More]

Trinity College Dublin had to convince Burger King that its trademark for "BK Merchandise" was about selling prints from the Book of Kells, not hamburgers and chicken fries.

Burger King Tried To Block Trademark Application For 1,200-Year-Old Gospel Manuscript

While Burger King might be technically older than McDonald’s Corp., it’s certainly not older than the Book of Kells, a 9th Century illuminated manuscript of the New Testament Gospels. But when Trinity College Dublin tried to trademark the Book of Kells name and related “BK merchandise,” Burger King’s legal eagles objected, claiming it would infringe on the fast-food giant’s marks. [More]

(Jeepers Media)

Company Behind Fruit Stripe Gum Suing E-Cig Company Over Vape Flavor

If you’re the kind of person who favors fruity flavors in your e-cigarette, hey, that’s your choice. But Ferrara Candy doesn’t to be tied to any flavor of vape liquid, and is suing an online e-cig company claiming it infringed on its trademark for Fruit Stripe gum with one of its offerings.

[More]

Federal Court Cancels Registration Of Redskins Trademarks

Federal Court Cancels Registration Of Redskins Trademarks

A year after the U.S. Patent and Trademark Office deemed the term “Redskin” offensive, and therefore not eligible for a trademark, the Washington NFL team has been dealt another blow in its attempt to protect its brand. This morning, a federal court agreed with the USPTO and ordered the agency to cancel the team’s trademark. [More]

No laughing matter.

Restaurant Chain Suing Sweets Company Over Smiley-Faced Cookies

In a case that just makes me want to order folks to turn their frowns upside down, a Pennsylvania baked goods company is suing a Chicago business over what it calls a similar use of smiley faces on cookies. Can’t we all just eat cookies featuring joyful visages and be happy about it?

[More]

Walmart Is Now The Rightful Owner Of Walmart.Horse

Walmart Is Now The Rightful Owner Of Walmart.Horse

You’ll have to excuse us if we’re not in the greatest spirits today, as we’re in mourning for the loss of Walmart.horse, the nonsense website that Walmart spent actual time and money to shut down and acquire. [More]