Kylie v. Kylie: Who Has Rights To A Name?

Since celebrities realized that they could capitalize on their names and personas, they have tried to cultivate, protect, and display certain images that are associated with them. While this is not a new practice, trademarking one’s own name is. Kylie Jenner, an affluent 18-year-old socialite who has created an empire of products and appearances based… READ MORE

Among the most frequently asked questions that we receive at Revision Legal is, “What are the benefits of trademark registration?” Trademark registration provides a mark owner with numerous benefits, the most important of which are: Federal priority over all others to use the trademarked term in commerce in association with the sale of goods or services; A… READ MORE

Revision Legal Wins in Bubble Guppies Trademark Dispute

Revision Legal’s trademark attorneys brought home a legal win for their client, Goodies for Kiddies (Goodies) in Rohn v Viacom, 14-cv-83, in the Western District of Michigan. Goodies, a small business that resells children’s clothing purchased from retail stores, was roped into a lawsuit between the owner of the trademark GUPPIE and several large companies… READ MORE

Trademark Registration Disclaimers

Are you applying for a trademark in the United States? The United States Patent and Trademark Office (hereinafter USPTO) has a disclaimer requirement. According to 15 U.S.C. §1052(e)(1), trademark registration shall be refused if it “[c]onsists of a mark which when used on or in connection with the goods of the applicant is merely descriptive… READ MORE

Essential Elements of Trademark License Agreements

  As mentioned in Trademark Licensing, a trademark owner may permit another to use his or her trademark through a trademark license agreement for a period of time set out in the agreement between the licensor and the licensee. What is a Trademark License? First, we will start out with the basics. According to the… READ MORE

Abandonment of Trademark Rights

Infinite duration is one of several benefits of owning a trademark; however, a trademark may be lost or abandoned. According to the International Trademark Association, a trademark can be lost through action or inaction of the trademark owner. “The most common way to lose rights in a mark is to stop using the mark with… READ MORE

Inherently Distinctive Trade Dress

As mentioned in Trade Dress Protection, when asserting trade dress infringement or unfair competition, the first prong of the three-prong test requires that the plaintiff show “the inherent distinctiveness or secondary meaning of its trade dress.” In Wal-Mart Stores Inc. v. Samara Brothers, Inc., the Supreme Court put to rest the issue of whether a… READ MORE

Trade Dress in Fashion Design

  We often receive questions about how to protect fashion designed. This article explain trade dress in fashion design and the roles it plays to protect certain items. In the absence of copyright protection for fashion designs in the United States due to the useful nature of designs, designers have turned to protection under trade… READ MORE

Trade Dress Functionality

As mentioned in Trade Dress Protection, when asserting trade dress infringement or unfair competition, the second prong of the three-part test requires a showing of the nonfunctionality of its trade dress. Therefore, a trade dress cannot be afforded protection if it is functional. This post explains trade dress functionality and its interpretation throughout the federal… READ MORE

Secondary Meaning of Trade Dress

 As mentioned in our post on Trade Dress Protection, to prove trade dress infringement or assert unfair competition, the plaintiff must show: the inherent distinctiveness or secondary meaning of its trade dress, the essential nonfunctionality of its trade dress, and the likelihood of customer confusion as to its origin, sponsorship, or approval due to similarity… READ MORE