IP Post-Brexit: What Does the “FEUture” hold? By Julie L. Spieker On December 12, the United Kingdom (UK) will hold a general election, in which Prime Minister Boris Johnson hopes to secure a clear majority so as not to lose the prospect of Brexit after failing to leave the European Union (EU) by the end of October as previously promised. Currently, Johnson enjoys a healthy lead […] Continue Reading →
Trademarks: Property Plus Insurance By Gregory Lars Gunnerson Intellectual property is a category of property that includes intangible creations of the human intellect. It is widely accepted patents, copyrights, and trademarks confer an exclusive right. Unlike patents and copyrights, the constitutional foundation for trademark law is the Commerce Clause, U.S. Const., Art. I, § 8, cl. 3, rather than the Intellectual Property Clause, […] Continue Reading →
“The” Ohio State Tries to Trademark the Word “THE” By Sarah M.D. Luth On August 8, 2019 The Ohio State University filed a trademark application with the United States Patent and Trademark Office for the word mark “THE” to be used in connection with clothing, namely “t-shirts, baseball caps and hats.” Unlike Ohio State’s other trademark applications, which cover the phrase “The Ohio State University” as a whole, […] Continue Reading →
Buying the Cow: Why Branding is Commonly Concealed in TV Shows and Movies By Nicholas J. Krob Have you ever been watching a TV show and noticed that certain logos on various products were covered with tape or otherwise concealed? Do you know why that is? If you don’t, you’re not alone. In a controversial video posted last month by guitar giant Gibson, the company issued a warning stating that it was […] Continue Reading →
Drafting the Fine Print: Every Word is Significant in a License Agreement By Blog Staff Licensing agreements can be both complex and extensive, however, diligence must be exercised in ensuring that the scope of rights to be transferred are clearly defined. The failure to do so may result in disputes over the interpretation of licensing agreements, where each word and phrase may be painstakingly scrutinized in court. Such disputes arose […] Continue Reading →
Big Mac Blunder: McDonald’s Loses European Trademark Rights for Famous Burger By Nicholas J. Krob Last month, the European Union Intellectual Property Office (EUIPO) issued a surprise decision revoking fast food giant, McDonald’s, “BIG MAC” EU trademark registration in its entirety. The decision was the latest development in an ongoing battle between McDonald’s and Irish fast food restaurant Supermac’s. McDonald’s trouble started in 2014 after they opposed Supermac’s trademark application […] Continue Reading →
Jury Orders Mongols Motorcycle Club to Forfeit Trademark By Brandon W. Clark The Mongols Nation motorcycle club was recently convicted of violations of the Racketeer Influenced and Corrupt Organization Act (RICO) resulting in a California federal jury ordering the motorcycle club to forfeit its trademarked logo based on links between the image and the criminal activities carried out by the group. The imagine incorporates the motorcycle club’s […] Continue Reading →
“Hottest Fashion Brand in the World” Sues Children’s Clothing Company for Trademark Infringement By Nicholas J. Krob In December 2018, high-end streetwear fashion label Off-White filed a lawsuit in the Southern District of New York against children’s clothing company Brooklyn Lighthouse, claiming the Brooklyn company infringed upon Off-White’s trademarks and trade dress. Off-White’s products typically retail between $150 and $2,500 and feature “distinctive graphic and logo-heavy apparel designs.” Such graphics include the […] Continue Reading →
Toe Caps, Stripes, and Bumpers: Federal Circuit Revives Converse Sneaker Dispute By Nicholas J. Krob While Christian Louboutin has shown that trademark rights may extend to colors used on a shoe, can the design of a shoe itself also be protected? As the Federal Circuit made clear last week, the answer is yes. For years, sneaker giant Converse, Inc. has sought to protect its brand by claiming trademark rights in […] Continue Reading →
Bloody Shoes: Christian Louboutin Wins Battle Over Non-Traditional Trademark By Nicholas J. Krob “These expensive, these is red bottoms, these is bloody shoes.” Does this line, from Cardi B’s breakout single “Bodak Yellow,” call to mind a particular fashion brand? If not, the following line from Lil Uzi Vert’s “The Way Life Goes” might help you out: “My Louboutins new, so my bottoms they is redder.” For over […] Continue Reading →