Category: Trademark Law

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

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 […]

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Why Should I Register a Trademark?

Why Should I Register a Trademark?

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 […]

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Revision Legal Wins in Bubble Guppies Trademark Dispute

Revision Legal Wins in Bubble Guppies Trademark Dispute

Trademark Law

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 […]

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Trade Dress Functionality

Trade Dress Functionality

Trademark Law

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 […]

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Secondary Meaning of Trade Dress

Secondary Meaning of Trade Dress

Trademark Law

 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 […]

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