Category: Trademark

U.S. Trademarking: What is the Doctrine of Foreign Equivalence​?

U.S. Trademarking: What is the Doctrine of Foreign Equivalence​?

Trademark

Under U.S. trademark laws, there is a legal concept called the “Doctrine of Foreign Equivalence”(“DFE”). Essentially, the DFE prevents the registration of trademarks that violate U.S. trademark rules where foreign language words are used instead of English language words that have the same meaning. Thus, “blaue Milchviehbetriebe” and “fermes laitières bleues” are not registerable since […]

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Can I Trademark a Non-English Word or Phrase in the U.S.?

Can I Trademark a Non-English Word or Phrase in the U.S.?

Trademark

Yes, as long as the proposed trademark meets the other requirements for registration. U.S. trademark laws do not require that only the English language can be used for trademarks. However, whatever the language, trademarks must meet the legal requirements, including functionality, distinctiveness, uniqueness, etc. For example, every trademark must function as a trademark in that […]

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International Trademarking: Why the Madrid Protocols Might Be a Good Option

International Trademarking: Why the Madrid Protocols Might Be a Good Option

Trademark

Without question, there are famous brands and trademarks that are global in their reach. The examples are nearly endless. Soft drinks like Coca-Cola and Pepsi, luxury brands like Tiffany and Gucci, restaurants like McDonald’s and Starbucks, and many more. When we speak of “brands,” we are, of course, speaking in terms of trademarks. Despite the […]

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College NIL Smart: Legal Lessons From Nico and Madden Iamaleava Sagas

College NIL Smart: Legal Lessons From Nico and Madden Iamaleava Sagas

Trademark

Anyone who follows college football probably knows about the Nico and Madden Iamaleava sagas. Nico Iamaleava was a 2024-25 playoff star quarterback for Tennessee with a Name, Image and Likeness (“NIL”) package worth $2.4 million, but ultimately unhappy. He announced on April 20, 2025, that he would be transferring to the UCLA Bruins (which, incidentally, […]

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What We Learned From the SPOTIFY vs. POTIFY Trademark Case

What We Learned From the SPOTIFY vs. POTIFY Trademark Case

Trademark

As reported here, the owner of the trademark SPOTIFY successfully opposed the registration of two trademarks involving the word mark POTIFY. Here are a few of the legal lessons we learned. A registered trademark is not needed to file a USPTO Opposition The U.S. Patent and Trademark Office routinely publishes proposed trademarks for review by […]

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Protecting Trademarks From Infringement

Protecting Trademarks From Infringement

Trademark

Protecting your trademarks from infringement is necessary to ensure that your trademarks, first, remain YOUR trademarks and, second, remain functioning as trademarks. It does not happen too often, but occasionally, a trademark left unpoliced will end up being canceled legally, which allows a competitor to begin using the trademark. A more common problem is genericide. […]

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The Basic Parts of Name, Image, Likeness (“NIL”) Contracts

The Basic Parts of Name, Image, Likeness (“NIL”) Contracts

Trademark

Almost every State in the country now allows student athletes to participate in marketing and financial exploitation of their name, image and likeness (“NIL”). This has allowed athletes to monetize their college (and even high school) sports careers. In addition to allowing an athlete to profit from their NIL, most newly enacted State laws allow […]

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What is a College Athlete Name, Image, and Likeness Agreement?

What is a College Athlete Name, Image, and Likeness Agreement?

Trademark

Name, image, and likeness (“NIL”) contracts are agreements between a student-athlete and a business or organization that permit an athlete to monetize their celebrity status. The basic exchange is money or things of value to the athlete and the right granted to the business/organization, from the athlete, to use the athlete’s name, image, and/or likeness […]

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