Back from the void
In trademarks, generic is generic is generic. That’s what makes it generic. But there’s a difference between a would-be trademark that is born generic and... Read more
Category: Genericness and Trademarks
Kissing trademark rights goodbye?
Eric Johnson‘s Pixelization blog has a sweet insight into a sticky trademark mess that Hershey’s could be, theoretically, getting itself into: It’s a Hershey’s-brand three-compartment... Read more
To Photoshop; perchance, to Google
p0ps blog quotes Adobe: “The Photoshop trademark must never be used as a common verb or as a noun. The Photoshop trademark should always be... Read more
Best of 2012: Bates and hooks
Bates numbering, that is. As a litigator, I’ve been living with Bates-numbering, or Bates-stamping, for over 20 years. (I’m not the only one!) I have... Read more
Verb That Adjective Noun! “Google” Is Not (Yet) Generic.
It was bound to happen sooner or later—and in fact it happened back in 2012. Someone sued to have “Google” declared generic and the registration... Read more
Bates and hooks
Bates numbering, that is. As a litigator, I’ve been living with Bates-numbering, or Bates-stamping, for over 20 years. (I’m not the only one!) I have... Read more
NYIPLA Amicus Brief – Booking.com
This week, the New York Intellectual Property Law filed this amicus brief in the Booking.com case before the SCOTUS. I helped (a little). These are... Read more
When Dot Com really can make a trademark
In an important new ruling, Booking.com B.V. v. Matal, the U.S. District Court for the Eastern District of Virginia — on an appeal from the PTO under... Read more
The new generic
It is no longer the case that the appearance of your brand in the dictionary spells its doom as a protectable trademark. Read more
American Red Cross lands right cross against J&J
Johnson & Johnson started it. The Red Cross wins it: A federal judge last night ruled against Johnson & Johnson (J&J) in its suit to... Read more
Dare me!
If there were ever a must-read Trademark Trial and Appeal Board opinion explaining whether a mark is “merely descriptive” or eligible for registration, In re... Read more
Best of 2008: MasterCard card. Card card. Card.
First posted December 17th, 2008. A reader writes to New York Times Q&A guy Stuart Elliot with a question that’s on a lot minds: What’s... Read more
Booking.com and genericness
The U.S. Supreme Court announced earlier this month that it will hear the Booking.com trademark case in the new year. Booking.com BV, owner of the... Read more
Generic no more: Booking.com wins
Held, today, in the Supreme Court: Under these principles, whether “Booking.com” is generic turns on whether that term, taken as a whole, signifies to consumers... Read more