Trademarks

Pun Marks are Fun Marks! Then Why is Chewy Vuiton OK, But Not Ben & Cherry’s?

November 25, 2013
LinkedInShare

by Jamie Fitzgerald Last year a California porn studio, Caballero Video, paid dubious homage to Ben & Jerry’s®   (“B&J”) when it launched a “Ben & Cherry’s” film series.  Even the less explicit titles in the series, such as BOSTON CREAM THIGH and HAIRY GARCIA, (a la B&J’s BOSTON CREAM PIE and CHERRY GARCIA®), evidence an [...]

0 comments Read the full article →

Protecting Your Brand by Registering with the New gTLD Trademark Clearinghouse

August 21, 2013
LinkedInShare

By Cathleen Stadecker Why a new Trademark Clearinghouse? In June of last year, the Internet Corporation for Assigned Names and Numbers (ICANN) announced it had received nearly 2,000 applications for approximately 1,400 unique new gTLDs or “strings,” for example .app, .llc, .auto, .realty, and .law. This is a huge number compared to the 22 gTLDs [...]

0 comments Read the full article →

3D Printing: How Will IP Law Handle The “Next Revolution” in Manufacturing?

April 3, 2013
LinkedInShare

By Cathleen Stadecker 3D printing technology is becoming more popular as companies such as MakerBot Industries continue to introduce more affordable desktop 3D printers.  With these machines, which work by printing layers of plastic, metal, ceramics or other materials, more and more people are “printing” real-life objects –toys, jewelry, shoes, replacement parts – in their [...]

0 comments Read the full article →

Speaking of . . . Insurance Coverage | Is There Coverage for Alleged “Disparagement” of Another Company’s Product? One California Appeals Court Says Yes, Another One Says No, On Same Policy Language

February 1, 2013
LinkedInShare

We previously discussed the troubling issues of:  a) whether your company’s insurance policy(ies) actually provides coverage for claims of IP infringement, and b) which of your policies is the one(s) you should be looking to for possible coverage when you get sued for infringement. And for a great discussion of insurance coverage for IP infringement [...]

0 comments Read the full article →

CAFC Scandalized by “Vulgar” Mark for Sweet Product

January 20, 2013
LinkedInShare

By Jamie Fitzgerald Today we address suggestive marks – “suggestive” as in meretricious, not as one of the measures of trademark strength. It was three strikes and you’re out for Ms. Marsha Fox, who in 2001 applied to register COCK SUCKER and Design, as depicted, for rooster-shaped chocolate suckers. She stubbornly pursued federal registration of [...]

0 comments Read the full article →

Confusingly Similar? Don’t Make Me L.A.F.

November 13, 2012
LinkedInShare

by Jamie Fitzgerald August 28, 2011 When Hurricane Irene’s floodwaters savagely inundated central and southern Vermont on August 28, 2011, native Vermonters Eric Mallette and Lyz Tomsuden were inspired to create the battle cry “I Am Vermont Strong,” depicting it on a silhouette of the state. Moving as precipitately as the storm, they arranged to [...]

Read the full article →

New Generic Top Level Domains: Risks for Trademark Owners

January 20, 2012
LinkedInShare

By Cathy Stadecker You’ve probably heard by now that the Internet Corporation for Assigned Names and Numbers (ICANN) has opened the first application round for new generic top-level domain names (gTLDs).  What this means is that your organization can apply for virtually any domain name extension.  For example, Canon is planning to apply for .canon, [...]

0 comments Read the full article →