Trademarking Domain Names In a win for a business owner, the Supreme Court recently held that a company’s website which used a .com ending was protectable as a trademark, reversing the decision of the trademark office. Booking.com had attempted to register its domain, Booking.com and the USPTO rejected the application claiming it was generic. The Read more about Trademark Office looses Challenge, Website Owner Gets Trademark[…]
Nike just settled its two-week old trademark battle against “Satan Shoes” seller MSCHF Product Studio Inc. MSCHF is a Brooklyn-based collective of artists and designers which creates artwork in novel and unique ways. For example, one of their projects included selling a virus infected laptop for $1.35 million, selling a dog collar which cursed when Read more about Satan Lost his Shoes in the Latest Trademark Battle[…]
In a year that is unlike any other, the pandemic has wrecked havoc on the trademark for Corona. First, consumers were confused about the association of the beer with the virus. Then, as a result of increased demand for alcoholic beverages, Corona was sued as a result of sales of fruity fizzy flavored beverages. One Read more about Crazy Year Causes Trademark Challenges to Corona Brand and Goodwill[…]
Strong Trademarks Creating a strong brand is an integral aspect of forming a new business. Businesses using historical trademarks help create a strong brand. A historical trademark is a brand which includes a historical term. Generally, the historical term in a historical trademark has some historical significance. A brand name which includes a famous person’s Read more about Historical Trademarks are Good for Strong Branding[…]
Based on the trademark issues when Washington decided to change their football team’s name, you should follow the following 5 steps when choosing a new trademark.
Enforcing Trademark Rights during a Pandemic In an unlikely scenario, 3M has filed a lawsuit against a reseller of N95 surgical masks to enforce its trademark rights during a pandemic. The reseller, a medical supply company selling surgical masks to NY City for use during the pandemic, was price-gouging city officials. 3M brought suit against Read more about Trademark Rights during a Pandemic[…]
Trademarking Governmental Symbols Trademark Law protects a business from unlawful competition by preventing consumer confusion. Trademarks can be a word, symbol, phrase, sound, scent, packaging or look and feel used to distinguish a particular manufacturer’s or seller’s products from the products of another. Generally, trademarks make it easier for consumers to identify the source of Read more about Trademarking Images of Uncle Sam[…]
Here are 5 steps to Building a Strong Brand:
Research Your Brand
Analyze Your Brand
Analyze Your Customers
Market and Advertise Your Brand
Refine Your Brand
The U.S. Supreme Court recently ruled that previously rejected trademark registrations which were refused as being immoral or scandalous violates the First Amendment.
There are typically only three ways to prove consumer confusion and Consumer Surveys are typically the most helpful.