The latest trademark brand dispute involves two snack food companies with compelling messages to damn the diets and move full speed ahead to binge eating perdition. The marks allegedly likely to confuse snackers are “Get Crackin’” owned by Wonderful Pistachios & Almonds LLC and Utz Quality Foods LLC’s “Get Snacking!” While Wonderful is known for its … More Snack Attacks
This week I was pleased to present another Intellectual Property Workshop for SCORE. My presentation usually covers Copyright and Trademarks. This evening, we discussed the “Monkey Selfie Case.” Briefly, a British wild-life photographer, David Slater, was attempting to photograph a macaque on the Indonesian Isle of Sulawesi. He claims to have done all the preparatory … More Copyright Still Takes A Human Touch
The Federal Circuit affirmed the Trademark Trial & Appeal Board’s “TTAB” refusal to register the stylized Mark ‘CHURRASCOS’ for restuarant services finding the term generic as used for a restaurant, because the word “refers to beef or grilled meat more generally” and that the term “identifies a key characteristic or feature of the restaurant services, namely, … More HOLY CHURRASCOS!
Section 2(a) of the Lanham Act prohibiting the federal trademark registration of disparaging marks was recently held to violate the 1st Amendment freedom of speech protections by the Federal Circuit Court in “In Re Tam.” The mark refused registration is the name of an Asian-American rock band called “The Slants.” Though the band’s lead singer, … More “Disparaging” Trademark Meets Commercial Speech Protections
On April 27, I had the pleasure speaking at the Ferguson Library in Stamford as part of SCORE’s “Intellectual Property: What You Need To Know” Program. SCORE’s Fairfield County Chapter is an excellent resource for entrepreneurs seeking advice and mentoring about business issues. Of course the takeaway from my part of the presentation was that … More IP Trademark Presentation Stamford, CT
The Second Circuit Court of Appeals recently held in Keeling v. Har that an unauthorized parody protected by ‘fair use,’ may itself be protected with respect to its original parodic expression and including any added compilations or arrangements to the work. The case involved Point Break Live “PBL,” a theatrical production based upon the movie, starring Keneau … More Copyright Also Protects An Unauthorized Parody
Originally posted on Statute of RyAnne:
I often get questions along the lines of, “Can I do this myself?” Most recently the questions center around, “Can I attempt a trademark registration of my name/logo/brand?” Admittedly, I do play for Team Lawyer; however, even if I did not play for the team, I would still answer…
Artist Nelson Shank made headlines this week by stating his interpretation for the shadow depicted in his presidential portrait of Bill Clinton. He claims the famous blue dress of Monica Lewinsky is the basis for the painting’s shadow. In an interview shown on NBC’s Today Show, the artist acknowledged the muse in the form … More The Devil With The Blue Dress…Moral Rights and The Clinton Portrait
The news cycle’s abuzz about the Dov Seidman trademark infringement claim against Chobani over use of the word how. The USPTO defines trademark as any word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. The … More The “How” of Trademark Law
Brand development requires distinctive marks used to identify your goods or services. Registration of these marks with the United States Patent and Trademark Office ” USPTO” confers a number of benefits. Here are some of the most important. 1. Exclusive Nationwide use of the trademarks for branding and building sales through advertising and marketing, therefore … More Top Ten Trademark Registration Benefits
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