Sometimes, it seems not a day goes by without a client calling about a trademark-related scam. To help you avoid becoming another victim, I am writing about two of the more common fraudulent schemes.
The first involves the transmission (via snail mail or email) to the owner of a trademark registration of a notice that looks official, and may even be labeled “Patent and Trademark Office.” The notice requests payment to “renew” a trademark registration, warning that if it is not received by a specific date, the trademark registration will expire. » Read More
In In re Jeffrey Butscher, Serial No. 87572095, the Trademark Trial and Appeal Board (TTAB) reversed the Examiner’s refusal to permit the trademark registration of the mark CANNABIS CANNIBALS for “entertainment services, namely, an ongoing series featuring animated cannabis smoking cannibals provided through network or cable TV and the internet.” According to the Applicant’s IMDb page, “Cannabis Cannibals stories the irreverent and comedic life of two weed smoking cannibals, who move to America in pursuit of becoming Reality TV Stars, while at the same time battling their unique eating disorder.”
The Examiner asserted that the CANNABIS CANNIBALS mark merely describes the subject matter of the entertainment series, (i.e., cannabis smoking cannibals). » Read More
As part of any trademark application, the applicant must submit a drawing of the mark and a specimen showing use of the mark in commerce in connection with the underlying goods and services identified in the application. » Read More
In another noteworthy opinion on relatedness of goods, the Trademark Trial and Appeal Board (“TTAB”), on remand from the Court of Appeals for the Federal Circuit (“CAFC”), found wine to be related to cigars. In this cancellation proceeding, Joseph Phelps Vineyards, LLC, owner of the mark INSIGNIA for wine since 1979, petitioned to cancel Fairmont Holdings mark, ALEC BRADLEY STAR INSIGNIA, for cigars, tobacco, cigar boxes, cigar cutters, and cigar tubes. » Read More
I’ve been practicing long enough to know that it’s not easy for my clients to find brands they like, much less ones that are free for them to use without worrying they will get a claim that they’ve violated another party’s rights. » Read More
Santa’s making a list and checking it twice. With the help of his trademark elves, he’s going to find out whether brand owners have been naughty or nice when it comes to using their trademarks properly. Those on the Nice List get rewarded with the ultimate Christmas present… enforceable trademark rights! » Read More
As we approach the Thanksgiving holiday, the authors here at More Than Your Mar®k want to say “thank you” to all of our subscribers and readers. We are grateful for the opportunity to share with you all-things-trademark… and more!
Keeping with the Thanksgiving theme, here is a feast of “THANKSGIVING” trademarks that are registered with the United States Patent and Trademark Office. » Read More
When a restaurant name is licensed, how does the owner properly compute a trademark royalty? Should a higher royalty be set for a famous mark? These issues were decided recently by the New York Supreme Court in Ganzi, Gary C. et al. » Read More
Danielle DeFilippis and Jeanne Hamburg were delighted to welcome attendees from the food and restaurant industries, as well as service providers to those industries, to a seminar on Thursday, November 15, in the firm’s New York office. The presentation covered a wide array of legal issues, from the trademark clearance and registration process, to trade dress production for product design and restaurant décor, to important contracts involving trademarks, to enforcing trademark rights on social media. » Read More
For decades, federal courts around the country have split over whether a U.S. copyright registration is required to bring an infringement action, or whether the filing of an application with the U.S. Copyright Office is sufficient. At long last, the U.S. » Read More