Fans of video games may remember the Killer Instinct series, which first made an appearance in the arcades in 1994 and was ultimately ported to numerous home consoles. The last iteration of the series appeared in 1996 on the Nintendo 64 and, since that time, the series has sat dormant. In September of this year, however, Microsoft indicated its intent to revive the series by filing for trademark registration of the KILLER INSTINCT trademark with the United States Patent and Trademark Office.
Unfortunately, Microsoft’s application was denied on a §2(d) basis, that is, because it is likely to cause confusion with another mark registered with the USPTO. This denial, issued via USPTO Office Action, is not a permanent denial, however, as Microsoft has a period of six months to argue that its KILLER INSTINCT mark is not likely to cause confusion with the registration cited in the examining attorney’s office action. That is good news, as the registered mark that precluded Microsoft’s application is KILLER INSTINCT, a failed television drama, which aired for one season in 2005.
Office Action denials based on a likelihood of confusion are common, which is why it is important have a skilled attorney file for registration of your trademark. Presumably, Microsoft should be able to overcome this denial through skillful research and advocacy.
In May 2025, as part of a settlement of litigation involving college football, a new entity was created called the College Sports Commission (“CSC” or “Commission”). See news media reports here and here. Among many other purposes, the CSC will monitor and approve name, image, and likeness (“NIL”) agreements for college athletes. As the term […]
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Trademarks are words, designs, symbols, logos, and other things that are used/associated with goods or services that identify the specific commercial source of the goods/services. COCA-COLA, APPLE, and GUCCI are just a few famous examples. If COCA-COLA is on the bottle, consumers know what to expect from the beverage in the bottle. The same for […]
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Getting an endorsement deal as a social media influencer may be a seminal event financially and for the progress of your career. However, the question always has to be asked whether your endorsement deal is fair. In other words, are you getting paid what you are worth? There are a number of factors that can […]
Read more about Is Your Social Media Influencer Endorsement Deal Fair?