Trademarks have varying strengths depending upon their distinctiveness. While Apple as the name of a computer company has a high degree of distinctiveness, Fred’s Fish Fry as the name of a seafood restaurant? Not so much. The Apple name is arbitrary when it comes to computer products while Fred’s Fish Fry is a descriptive name. … More Philadelphia’s Cheesesteak as a trademark?
Using an historic symbol, like the Texas Star, as a trade or service mark can lead to unintended consequences when your competitor decides to use a similar symbol. In the case of Amazing Spaces, Inc. v. Metro Mini Storage, the United States Court of Appeals Fifth Circuit held that the registered service mark symbol used … More Beware Using Historic Symbol As Trademark
Can a designer of handbags fashion his former Parisian residence as the source of his designs for geographical origin purposes when his products are neither made nor designed in Paris? Not according to The U.S. Court of Appeals Federal Circuit in the case of In Re Miracle Tuesday LLC. http://www.cafc.uscourts.gov/images/stories/opinions-orders/11-1373.pdf The Appeals Court affirmed the … More TM Geographical Origin Follows the Goods Not the Designer
A trademark is basically a brand. It can be a word(s), symbol or device affixed to a product used to identify and distinguish the goods of one seller from that of another and to indicate the source of such goods in order to prevent consumer confusion. I pride myself as a savvy consumer, not easily fooled … More Brand protection
William Tennant 