OHIO STATE ATTEMPTS TO TRADEMARK “THE”
Los Angeles – Ohio State University has been calling itself “The” Ohio State University for quite some time. “The” appears on all published materials, such as the school’s seal, logos, and most of their promotional material. Recently the college decided to take the next step with “The” by filing a trademark application – for that word alone.
And so in the beginning of August, Ohio State filed U.S. Trademark Application Serial number 88571984 with the U.S. Patent and Trademark Office (USPTO) to trademark perhaps the most familiar three-letter word in the English language – The.
“The” application Read the rest
LEBRON JAMES’ TRADEMARK APPLICATION FOR TACO TUESDAY DENIED
Orange County – Taco Tuesday is a day that many look forward to. LeBron James in particular has been very enthusiastic about Taco Tuesday in recent months. LeBron often uses the term on Instagram to share with his followers when it is his family’s designated taco night. LeBron seems to enjoy the day so much that on August 15, 2019 he filed a trademark application for Taco Tuesday. However, on September 11, 2019, the United States Patent and Trademark office (USPTO) issued an office action refusing the application.
LeBron filed the trademark application through a company called LBJ Trademarks, LLC. The application seeks protection for the u Read the rest
TOM BRADY CAN’T GET TOM TERRIFIC TRADEMARK
San Diego – Six-time Super Bowl champion Tom Brady of the New England Patriots has failed in his attempt to trademark the nickname “Tom Terrific.” While Mr. Brady believed that the outcome would be in his favor, the United States Patent and Trademark Office (USPTO) denied his request. It was revealed that the USPTO denied Tom Brady’s request because the nickname was already associated with Tom Seaver, the former pitcher for the New York Mets.
The USPTO stated that it denied the application because the “Tom Terrific” nickname would falsely suggest a connection between Mr. Seaver and Mr. Brady. The USPTO stressed that Tom Seaver wa Read the rest
MCDONALDS LOSES THE BIGMAC TRADEMARK IN EUROPE
Orange County – In Europe, McDonald’s has held the trademark for the term “BIG MAC” since 1998. However, the trademark was recently lost after the European Union Intellectual Property Office’s (EUIPO) decision to revoke the trademark in response to a cancellation filed by an Irish fast-food chain called Supermac’s.
History of the Big Mac
The Big Mac is the invention of Jim Deligatti, who owned a McDonald’s franchise in Pittsburgh. The sandwich debuted in 1967, and despite its decidedly un-catchy original names, such as “Blue Ribbon Burger” and “Aristocrat,” it became popular on the strengt Read the rest
SUPREME COURT FACES DECISION ON TRADEMARK PROTECTION OF ‘SCANDALOUS’ BRANDS
Los Angeles – In January 2019, the Supreme Court agreed to hear a case regarding whether portions of the Lanham Act that prohibits “scandalous” or “immoral” trademarks from receiving trademark protection are constitutional.
The case, Iancu v. Brunetti¸ centers around the decision of the U.S. Trademark Office to deny trademark registration to FUCT, a clothing company founded in Los Angeles in 1990. The U.S. Court of Appeals for the Federal Circuit has already struck down portions of the law prohibiting registration f Read the rest
TESLA FILES TESLAQUILA TRADEMARK FOR LIQUOR
Orange County – In April, Elon Musk made some noise on social media with his April Fools joke hinting at a Tesla-branded Tequila. Apparently it wasn’t a joke. On April 10th Tesla filed a trademark application for Teslaquila in Jamaica for “distilled agave liquor” and last week Tesla followed it up with the same filing in the United States.
In the original Teslaquila April Fool’s joke, in a twitter post Musk said that the the electric car company was going bankrupt and alluded to him being found passed out against a Tesla Model 3 surrounded by Teslaquila bottles. A few days later on Instagram, Musk posted a photo of a tequila bottle wi Read the rest
GROWTH IN CHINESE-BASED TRADEMARK FILINGS IS BECOMING A CONCERN
San Diego – For more than 20 years China has been the largest trademark register in the world, and the pace of filings are only continuing. The increase is party tied to overall economic growth in China. In the first quarter of 2018, China’s GDP rose 6.8 percent and is predicted to increase another 6.7 percent in the next quarter. Along with GDP, the trademark filing activity has had rapid growth. Within the past two years, China’s trademark applications have doubled.
To put the numbers into perspective, in 2017 China had ten times more trademark applications than the United States. Compared to Europe the numbers are even more surp Read the rest
UMBC RETRIEVERS SEEK TRADEMARKS AFTER MARCH MADNESS WIN
San Diego – The University of Maryland Baltimore County (UMBC) Retrievers, a No. 16 seed, had a win no one saw coming during March Madness in Charlotte, NC. The Retrievers played the Virginia Cavaliers, a Number 1 seed, and took the nation by surprise when they won the game in convincing fashion, 74-54. This marked the first time in the history of the NCAA men’s basketball tournament that a Number 16 seed defeated a No. 1 seed.
Throughout the game, Jairus Lyles led the team to the win, as the whole team was energized from his confidence, which only seemed to shake Virginia more. The game really took a turn when Lyles made a three-pointer with 14:57 left on the Read the rest
THE PHILADELPHIA EAGLES MUST WAIT IN LINE FOR “PHILLY SPECIAL” TRADEMARK
Orange County – Fresh off its first-ever Super Bowl win, on February 15th the Philadelphia Eagles filed a U.S. Trademark Application for “Philly Special” for apparel. The phrase “Philly Special” was made famous by the Philadelphia Eagles in the Super Bowl in relation to a trick play. The phrase was called out by the team in the second quarter, on a fourth-and-goal when QB Nick Foles caught the ball in the end zone. Days after the Super Bowl win the Eagles were already using the phrase on shirts with the team’s logo.
One problem for the Eagles is that on February 9th, six days earlier than the Eagles, D.G. Yuengling & Son Inc. also filed a U.S. Trad Read the rest
HARD CANDY COSMETICS ABANDONS ITS TRADEMARK FOR #METOO
Los Angeles – Popular makeup brand Hard Candy Cosmetics filed a trademark application for #MeToo in October 2017 which created great controversy. Hard Candy was looking to brand a line of fragrances and cosmetics with the hashtag #MeToo. #MeToo has been at the core of a social movement to help demonstrate the widespread prevalence of sexual assault and harassment.
Social activist Tarana Burke is said to have created the phrase in 2007, and it was then popularized by actress Alyssa Milano in 2017 when she encouraged women to tweet #MeToo to demonstrate the scale of the social issue.
Hard Candy Cosmetics has a history of supporting non-profit organizations, a Read the rest