Failure to …. whatever
“Failure to function as a trademark” is a favorite topic around here, and it’s getting more and more attention. Except when it’s not. What am... Read more
Category: Functionality and Trademarks
Ed T and the Trademark Dimensions
Explanatory introduction to a virtual guest post by Ed Timberlake: I say if it's yours and you post in on an embeddable platform, you've given... Read more
Garbagio trademarks: Top of the heap
There's still time to register for the "Failure to Function" #trademark panel in Boston on Nov. 5th! Read more
Clearly Not a Trademark
The glass is half-empty for Pennzoil. John Ottaviani, guest-blogging on Eric Goldman’s Technology & Marketing Law Blog, picked up a pretty interesting decision in the... Read more
De gustibus non est disputandum
The question, per last fall’s story, was this: Can you establish trademark rights in a flavor? The court said, unsurprisingly, “no.” As usual, I let... Read more
Shot with his own gun
Steve Baird: This isn’t the first time we’ve written about brand owners who shoot themselves in the foot with their advertising. And, I’m sure it... Read more
Functionality in trademark and patent law
What with all the hoopla over controversial and headline-making cases, it’s tempting sometimes to forget about the need to drill and to stay up to date... Read more