The Trademark Singularity: Part 1
Ron ColemanWell, trademark use is all the rage in trademark thinking and commentary now, and well it should be. It goes, after all, to the heart of the endeavor, and I…
Strong to save
Everyone knows that distinctiveness can be inherent or acquired, and that some kinds of trademarks — product-configuration trade dress, notably — can “never” be inherently distinctive. But not everyone knows…
Lapping up the trademark law
The question: Trade Dress Trick Question: Is this laptop shape #distinctive?#trademarks pic.twitter.com/Wj23Sz8kxt — Ed Timberlake (@TimberlakeLaw) August 25, 2016 (Remember non-professionals: “Distinctiveness” is the core of a trademark’s existence. It…
Best of 2008: Tackiness not grounds for refusal to register
Otherwise, why would John Welch be reporting this appeal?: December 4, 2008 – 10 AM: In re Chippendales USA, LLC, Serial No. 78666598
Best of 2010: Dough, a dear
First posted August 11, 2010. The Stay-Puft Marshmallow Man wreaked some havoc in his time, but who would have thought that his inspiration — the Pillsbury Doughboy — would act…
Best of 2010: If you see something… it’s probably “trademarked”
First published on May 12, 2010. A while ago, while obsessing about New York’s Metropolitan Transportation Authority and its obsession with turning what might have once merely been viewed as…
In a family way
I’ve written, as is my wont, at great length regarding my skepticism about the “family of trademarks” concept. Well, once you’ve digested that, you may want to head over to…
Trademark attorneys shaken AND stirred over Walther product configuration TM ruling
Who says the Commissioner of Trademarks is “Dr. No”? To the contrary, some trademark registration applications Only Live Twice — and that’s quite enough. John Welch, The Man with the…
Chippendales cuffs-and-collar TM “distinctiveness” claim goes “gently” into that dark night
Reuters reports on a high-class trademark story I’ve been following since my own dancing days: The male erotic dancer company Chippendales stumbled on Friday when an appeals court ruled that…
Dough, a dear
The Stay-Puft Marshmallow Man wreaked some havoc in his time, but who would have thought that his inspiration — the Pillsbury Doughboy — would act the part of a veritable…
If you see something… it’s probably “trademarked”
A while ago, while obsessing about New York’s Metropolitan Transportation Authority and its obsession with turning what might have once merely been viewed as functional municipal signage or insignia into…
Likelihood of — well, no, actually. Not.
At least in some parts of the country, LIKELIHOOD OF CONFUSION is something judges actually sometimes don’t find. Out there, for example. No, the other side — yeah. The left.…
Web 2.0, but nothing’s changed
Remember the silliness over the attempt by a certain attorney to secure trademark rights for CYBERLAWYER? The notable part about how that went down was that the foolishness was abated…
Chippendales shimmies up to the Circuit
Hot (if unlike LIKELIHOOD OF CONFUSION® you go for that sort of thing) off the presses — here’s the appellate brief in the Chippendale’s appeal of the Trademark Trial and…