Category: Trademark Attorneys

The Trademark Trial and Appeal Board (TTAB) has rejected a trademark application for registration of the term MOTT’S for use in association with baby food. In rejecting the trademark application, the Trademark Trial and Appeal Board found, under Section 2(e)(4), that MOTT’S is not an inherently distinctive surname due to fame. The TTAB noted that […]

Two “twisted sisters,” Sandra Russell and Nancy Hansen, operate Twisted Sisters Coffee Shop in Mission, Kansas.  They were shocked to receive a letter from a lawyer representing John French, the founding member of the heavy metal band Twisted Sister.  The letter alleged that the sisters infringed on French’s trademark because their use of “Twisted Sisters” […]

Last week, United States District Court for the Southern District of New York granted Apple’s motion for summary judgment and dismissed a claim of trademark infringement brought against Apple by Black Tower Press. Black Tower alleged that Apple infringed on its use of “ibooks” because Black Tower and its predecessor had been publishing books under […]

In today’s global market it is necessary to gain an edge in business conducted not only within our own borders, but internationally as well. But many current trademark owners or potential applicants may be unaware that international registration is actually quite simple to do thanks to what is known as the Madrid Protocol. It is […]

We previously discussed why hiring an experienced trademark lawyer makes a difference in getting your trademark published, but hiring an experienced trademark lawyer can also protect you from a claim of trademark infringement.  Use of online bulk legal services, instead of an experienced trademark lawyer, resulted in a claim of trademark infringement for Mr. Freddie […]

The Internet is no substitute for an experienced trademark attorney, according to an upcoming study conducted by University of North Carolina School of Law Assistant Professor Deborah Gerhardt and Professor Jon McClanahan. Why can’t I just search for how to do it on the Internet? We have amazing access to information to solving problems or […]

One of the more frequently asked questions that we receive is, “What are the benefits of trademark registration?” Trademark registration provides a mark owner with numerous benefits, the most relevant of which are:   1. Federal priority over all others to use the trademarked term in commerce in association with the sale of goods or […]

Incoming clients often ask, “How do I trademark a business name?” To trademark a business name, one must first ensure that the proposed name is available by having a trademark lawyer perform a trademark clearance or trademark availability assessment. A trademark clearance is intended to (1) ensure that the proposed business name is available through […]

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, […]

Bob Marley’s family has settled a trademark infringement lawsuit with the popular Jamaican singer’s half brother Richard Booker after Booker allegedly used Marley’s name and image in the sale of fish cakes, fish sausage, and energy drinks. Marley’s widow Rita, as well as nine of his children, filed the trademark lawsuit against Marley’s half brother. […]