Intellectual Property Attorney

Category: Trademark

No “Three-Peat” This Year, But Pat Riley Continues To Profit From Trademark Rights

Perhaps one of the most famous examples of obtaining trademark protection for a catchphrase is the registration of “THREE-PEAT”. As reported by the Wall Street Journal, Pat Riley (“Riley”), former NBA player and coach, and current President of the NBA’s Miami Heat, submitted a trademark application for “THREE-PEAT” for clothing in 1988. At the time, Riley was the head coach of the NBA’s Los Angeles Lakers and the L

U.S. Patent & Trademark Office Cancels Six Of The Washington REDSKINS Football Team’s Trademark Registrations

The U.S. Patent & Trademark Office issued a decision granting a petition to cancel six trademark registrations containing the term “REDSKINS”. The decision states:[W]e decide, based on the evidence properly before us, that these registrations must be cancelled because they were disparaging to Native Americans at the respective times they were registered, in violation of Section 2(a) of the Trademark Act of 1

Enforcement Efforts Are Key To Continued Success Of Godzilla Brand

Toho’s U.S. intellectual property attorneys have sent out countless cease and desist letters over the years, and have commenced more than thirty copyright and trademark litigations since 1991. The result of these enforcement measures is a thriving licensing program for the “GODZILLA” brand, which continues with the May 2014 release of the feature film “GODZILLA” and associated merchandising efforts. In addition, th

Seattle Seahawks May Pay Dearly For Continuing To Use “12th Man” Trademark

Seahawks’ licensed use of “12TH MAN” actually serves to strengthen the trademark, because in a licensing relationship all use by the licensee typically insures to the benefit of the trademark owner. The effect of the license, however, may be that the trademark is now more strongly associated with the Seattle Seahawks as opposed to Texas A&M, at least on a national basis.

In Advance of NFL Draft, Johnny Manziel Continues Efforts To Protect Personal Brand

The Trademark Office has since issued a refusal of the Reynolds application on grounds that “JOHNNY FOOTBALL” identifies a particular living individual (i.e., Manziel), and the trademark application did not contain his consent. Under U.S. Trademark Law, written consent is required for registration of a mark containing a name, nickname, stage name or pseudonym of a living individual. Reynolds submitted arguments aga

Clif Bar Sued For Trade Dress Infringment

As reported by Business Wire, KIND, LLC (“KIND”), a relative newcomer in the snack bar market, has filed a Complaint in federal court in New York against Clif Bar & Company (“Clif Bar”) over packaging for Clif Bar’s new line of “Mojo” trail mix bars. KIND has also sought a preliminary injunction, asking the Court to prevent Clif Bar from introducing its new packaging pending a trial. KIND’s Complaint is for trade d

Italy “Up In Arms” Over Ad Showing Michelangelo’s Iconic Statue David Cradling A Rifle

The Italian government is reportedly “up in arms” over an Illinois firearms manufacturer’s advertisement showing Michelangelo’s famous “David” sculpture holding a rifle — but if news reports are right, the Italian government is using the “wrong weapon” in the battle. The international outrage stems from an advertisement created by ArmaLite, Inc. showing David holding an AR-50A1 (which retails for over $3,000) wit

Litigation Brewing Over Use Of “B Strong” Trademark

From a trademark perspective, the Aboud Foundation has a valid point. While the Red Sox surely had honorable intentions in adopting and using “B STRONG”, and while they have donated the proceeds to charity, the Aboud Foundation appears to have valid trademark rights. In a trademark infringement litigation to enforce those rights, the Aboud Foundation could seek an injunction prohibiting the Red Sox from continuing

“Dumb Starbucks”: Clever Parody Or Trademark Violation

As reported by the Los Angeles Times, a new coffee shop recently opened under the name “DUMB STARBUCKS COFFEE” in a Los Angeles neighborhood. The store, which has since closed, utilized the distinctive trademarks, logos and colors made famous by Starbucks Corporation (“Starbucks”), which has more than 20,000 stores in 63 countries. The “DUMB STARBUCKS” store was very similar to an authentic “STARBUCKS”, except that

University Of Texas Protects Trademarks Incorporating Coach’s Name

the University of Texas has now taken steps to protect trademarks incorporating Coach Strong’s name. Shortly after he was hired, unauthorized merchandise utilizing the words “STRONGHORNS”, “TEXAS STRONG” and “UT STRONG” showed up online and in retail stores. Now, the University of Texas is attempting to eradicate such usage, sending cease and desist letters to demand the removal of such items from sale.

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