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... Read more
Tag: Distinctiveness
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... Read more
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 [Refusal to... Read more
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... Read more
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... Read more
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... Read more
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... Read more
Acquiring distinction
Tim, of the JoshueTree blog, asks a great question in the comments to this post: Can one of you help me…I’m a confused Trademark student.... Read more