GOOGLE WINS GENERICIDE TRADEMARK CASE
San Diego – Google recently won a lawsuit which challenged the validity of the Google trademark. Under U.S. trademark law, trademark rights are lost when a trademark becomes the generic name for the goods or services for which it is used. Several brand names have succumbed to this tragic occurrence known as genericide.
Formerly protectible trademarks that lost trademark rights are aspirin, escalator, thermos, and kleenex.
In Elliott v. Google, the Plaintiffs filed the ca Read the rest
MISSISSIPPI BUSINESS MAN FILES TRADEMARK FOR “N” WORD
Los Angeles – In June 2017, a Mississippi business owner, Curtis Bordenave, filed a trademark application to the U.S. Patent and Trademark Office for use of a racial slur—the “N” word. The goal behind the trademark filing is not to be offensive, but to change people’s perception and the meaning of the word.
Having trademark applications such as this approved only recently became possible Read the rest
AMAZON’S MEAL KIT TRADEMARK FILING NEGATIVELY IMPACTS BLUE APRON
Orange County – In the latest Amazon empire expansion, on July 6, 2017 the company filed a trademark application for meal kits. The trademark application is for “We do the prep. You be the chef.” and is for a convenient service whereby frozen and prepared kits including meat, vegetables, pasta, etc. are delivered to your door. The trademark also covers a loyalty rewards program offering points and coupons for loyal customers. This potential service is great news, unless you are Blue A Read the rest
THE SUPREME COURT STRIKES DOWN LAW BANNING OFFENSIVE TRADEMARKS
Orange County – The United States Supreme court has ruled in favor of an Asian American rock band who were refused by the trademark office when they applied to trademark their band name the Slants. In their decision, SCOTUS unanimously struck down part of a 71-year-old law that banned “disparaging” terms from being trademarked. According to the court ruling, the law that had banned offensive trademarks infringed on free speech rights, which are guaranteed by the First Amendment of the Constitution.
Simon Tam, the founder of The Slants, said he was “beyond humbled and thrilled” with the decision. According to Tam, the band did not choose its name to be offens Read the rest
OVER 30 TRADEMARK APPLICATIONS HAVE BEEN FILED FOR TRUMP “COVFEFE” TYPO
San Diego – On May 31st, 2017, at 12:06am, President Donald Trump tweeted, “Despite the constant negative press covfefe.” Very quickly thereafter, Covfefe went viral on social media. In the subsequent weeks, the word Covfefe has become a cultural phenomenon. It has been at the center of much debate and speculation, as people try to decide what happened during the President’s tweet.
Predictably, a large number of new trademark applications containing the word Covfefe were quickly filed with the United States Patent and Trademark Office (USPTO). According to the USPTO Trademark Electronic Search System, more than 30 trademark applications have already been filed containing Read the rest
IVANKA TRUMP’S COMPANY HAS FILED 14 ADDITIONAL TRADEMARK APPLICATIONS IN CHINA
Los Angeles – On March 28th, 2017, Ivanka Trump’s company filed for at least 14 trademarks in China. It is the latest wave of trademark applications filed by the Trump family companies. Last year, Ms. Trump’s company filed 36 applications. These trademark applications raise ethical concerns over the Trump family’s business ties while holding public office.
Specifically, there is concern that the Trumps are susceptible to influence from foreign nations. According the Larry Noble, general counsel for the US watchdog group, Campaign Legal Center, China knows that denying these trademarks would draw a negative reaction from the President of the United States, a Read the rest
TRUMP TRADEMARK VICTORY IN CHINA SPARKS ETHICS QUESTIONS
Orange County – Last week, China’s trademark review board awarded President Trump and his organization a trademark that Trump had been seeking for nearly a decade. Namely, the Trump organization has been awarded trademark protection for the use of the Trump name in the construction industry. China’s action, coupled with Trump’s decision to place his assets in a trust run by his adult sons, has sparked an ethical predicament that is drawing sharp debate.
The crux of the argument is whether President Trump is in violation of the foreign emoluments clause of the Constitution. Article I, Section 9, Clause 8 of the Constitutional Clause reads as follows: “… no P Read the rest
TRUMP FILES TRADEMARK FOR “KEEP AMERICA GREAT” RE-ELECTION SLOGAN
Orange County – Days before taking the oath of office, Donald Trump filed a trademark application for the “Keep America Great” slogan for his re-election campaign. The slogan is intended to build off the 2016 slogan: “Make America Great Again.” This phrase, and particularly the baseball caps printed with the phrase, were central to Trump’s election.
Trump revealed his 2020 campaign slog Read the rest
USPTO DENIES TRADEMARK APPLICATION FOR NHL’S NEWEST TEAM
Orange County – The NHL’s newest team – the Las Vegas Golden Knights – ran into legal trouble over its name less than a month after a big Vegas-style ceremony revealing the team name to the public. The trademark application that the team filed for its name was denied by the United States Patent and Trademark Office.
The refusal was due to an alleged likelihood of consumer confusion with a prior registered trademark. The name Golden Knights is already registered to the College of Saint Rose, a small private college in Albany, New York.
The USPTO Office Action claims that the NHL’s team shares the same name, a similar logo, and similarities in how the bran Read the rest
TRUMP WINS MAJOR TRADEMARK BATTLE IN CHINA
Orange County – Roughly ten years ago, in 2006, Donald Trump and the Trump Organization attempted to register his Trump trademark across numerous categories of goods and services in China. After numerous bumps in the application process, Mr. Trump has finally won his fight for the Trump name in China for real-estate-agent services in both the commercial and residential sectors.
Although Trump won the battle for real estate services, the Trump Organization may find more resistance for other goods and services. Of the more than 50 registered trademarks with the Trump name in China, only 21 are currently owned by Mr. Trump. The trademarks have been applied for in Read the rest