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 […]

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 […]

The “Sweet and Musky” Smell of Play-Doh: Hasbro Awarded Non-Traditional Trademark

By Nicholas J. Krob

When you think of trademarks, what comes to mind? Is it golden arches atop a fast food restaurant? Perhaps the image of a partially-eaten apple emblazoned on the back of a phone or computer? Or maybe it’s the scent of sweet, slightly musky, vanilla fragrance, with slight overtones of cherry, combined with the smell of […]

ZERO-ing in on the Right Legal Test for Genericness

By Blog Staff

In Royal Crown Co. v. The Coca-Cola Co., the United States Court of Appeals for the Federal Circuit (CAFC) vacated a decision of the Trademark Trial and Appeal Board (TTAB) dismissing Royal Crown’s opposition to the registration of Coca-Cola’s trademarks for soft drinks and sports drinks with the term ZERO. The CAFC concluded that the […]

State Agency-Sponsored Pizza? TTAB Rules on New Jersey Turnpike Authority’s Trademark Opposition

By Nicholas J. Krob

Do you often find yourself asking which highway management state agency has the best pizza? Or do you ever show up to a pizza chain, disappointed it isn’t a highway management state agency? If not, a recent decision by the USPTO Trademark Trial and Appeal Board will likely make some sense to you. In 2014, […]

Just Because It’s Nanoscale, Doesn’t Mean It’s Not a Big Deal

By Jonathan L. Kennedy

Nanotechnology has been taking innovation by storm for decades now and its only increasing its footprint. This is reflected in the growing number of granted patents and published applications directed to nanotechnology inventions. For example, according to StatNano (an organization that monitors and publishing information regarding nanotechnology global developments), more than 20,000 granted patents and […]

The Plant Naming Conundrum … Protecting Your Plant Varieties in the Short and Long Term

By Christine Lebron-Dykeman

Development of a new plant cultivar or varietal often requires substantial research and development. These costs can be recovered, however, if a breeder is able to successfully market, sell and/or license the resulting product, while maintaining exclusive ownership rights therein.  There are, of course, a variety of intellectual property protection schemes available to maintain those […]

Sail On: Former Commodores Guitarist Fails to Establish Rights in Band’s Trademark

By Nicholas J. Krob

Who owns a band’s trademark when that band is composed of multiple people? And more importantly, what rights does a band member have in that trademark when they leave the band? Earlier this week, the Eleventh Circuit addressed these very questions in a case involving legendary funk/soul band the Commodores. The Commodores, famous for chart-topping […]

Cancellation of a registered trademark for non-use soon could be easier

According to Chief Administrative Trademark Judge Gerard F. Rogers in his blog post on the Director’ Forum last week, PTO found out through a pilot program that “more than half of registrations being maintained include at least some goods or services for which the registered mark is not actually being used.” “These registered trademarks that […]

Levi’s Sues Over Pocket “Tab”

Can you use of a piece of fabric no bigger than a fingernail to constitute a trademark infringement?  Levi’s appears to think so. Late last month, Levi Strauss & Co. filed a federal lawsuit in San Francisco against Vineyard Vines, LLC alleging the clothing company has been infringing Levi’s trademark rights by sewing a small […]