California Intellectual Property Blog

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JOURNALIST GROUP FILES TRADEMARK FOR FAKE NEWS SO TRUMP CAN’T USE IT

By Joseph Mandour on October 24, 2019

San Diego – A Florida-based chapter of The Society of Professional Journalists has attempted to trademark the term “Fake News” to stop President Donald Trump from using it. The apparent concern is that the term has been used to discredit legitimate news stories and demean journalists.

There has been a general distrust directed toward the field of journalism since the beginning of Donald Trump’s presidency. A spike was seen in these behaviors when Donald Trump began making claims about “Fake News” indiscriminately. Since Donald Trump has taken over as President, the website Factba.se was launched to track all of the comments made Read the rest

OHIO STATE ATTEMPTS TO TRADEMARK “THE”

By Joseph Mandour on September 30, 2019

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

By Joseph Mandour on September 20, 2019

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

By Joseph Mandour on August 30, 2019

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

SOUR PATCH KIDS FILES TRADEMARK LAWSUIT AGAINST THC-INFUSED “STONEY PATCH” BRAND

By Joseph Mandour on August 13, 2019

Los Angeles – Mondelez Canada Inc., the creator of the sour gummy candy Sour Patch Kids, has filed a trademark lawsuit against an apparent knockoff called “Stoney Patch”. While Sour Patch Kids are clearly for kids, Stoney Patch is THC-infused candy. Mondelez also takes issue with the fact that the Stoney Patch brand gummies share a striking resemblance to their Sour Patch Kids.

This lawsuit highlights a disturbing trend among THC-infused edible food companies which are creating edibles that are packaged in a way that makes them appear to be candy. In the complaint that Mondelez filed with the US District Court for the Central Di Read the rest

YOSEMITE GETS ITS TRADEMARKS BACK IN SETTLEMENT AGREEMENT

By Joseph Mandour on July 26, 2019

Los Angeles – The historical names that once were a part of Yosemite National Park, such as the Ahwahnee Hotel and Curry Village, are being brought back to their former glory following a legal settlement in a lengthy trademark lawsuit.

Delaware North registered trademarks for the names of the historic sites within Yosemite National Park during its 25-year run as the park’s former concessionaire. Recently to end litigation regarding alleged trademark infringement after Yosemite changed to a new concessionaire, Delaware North agreed to relinquish the claimed ownership of the trademarks for $12 Million.

The trademark claims, which p Read the rest

AMAZON SUED FOR TRADEMARK INFRINGEMENT BY PRIME TRUCKING COMPANY

By Joseph Mandour on July 11, 2019

Orange County – The use of the word “Prime” on Amazon’s trucks has led to a trademark infringement lawsuit. On July 2nd, 2019, a Missouri-based trucking company, Prime Inc., filed a lawsuit in federal court in the western district of Missouri.

Prime Inc. claims to have notified Amazon of the trademark infringement more than two years ago through written correspondence, as well as proceedings that Prime Inc. initiated through the Trademark Trial and Appeal Board. Amazon has continued to use the Prime markings on its trucks and other vehicles for commercial use. Prime is claiming that Amazon’s actions amount to unfair c Read the rest

KAWHI LEONARD SUES NIKE FOR COPYRIGHT INFRINGEMENT OF HIS LOGO

By Joseph Mandour on June 26, 2019

San Diego – Kawhi Leonard, the small forward for the recently crowned champions Toronto Raptors, has filed a copyright lawsuit against Nike. In the lawsuit, Leonard claims that Nike has taken a design that Kawhi created and registered it with the U.S. Copyright office and used it all without his authorization. Leonard also claims that the sports apparel company threatened to sue him for using it on his merchandise.

Leonard began a partnership with Nike in 2011 as part of a multi-year endorsement deal. The deal allowed Nike to use Leonard’s Logo during the tenure of the partnership and endorsement. While Leonard allowed Nike to use the lo Read the rest

LEGO FILES LAWSUIT FOR TRADEMARK INFRINGEMENT

By Joseph Mandour on June 13, 2019

San Diego – Lego has filed another lawsuit against a manufacturer of figurines similar to those produced by Lego. This time the defendant is Connecticut based Lakeshore Learning Material which has also been accused copyright infringement.

Lego, which is based in Denmark, believes that the potential harm to their brand is unquantifiable. Lego alleges that the damage done from the unauthorized copies of its trademarked figurines will be significant. Lego believes that Lakeshore has copied the “Minifigure” design that is trademark and copyright protected, to create figurines that are incredibly similar to that of Lego’s. The &# Read the rest

AMAZON ALEXA PATENT WILL RECORD EVEN BEFORE WAKE WORD

By Joseph Mandour on May 30, 2019

Los Angeles – If you’ve already had concerns about your privacy when it comes to Amazon’s Alexa devices or other smart speakers, don’t read this. Presently, Amazon’s smart speaker devices are engaged when you say “Alexa,” or whatever you set the wakeword to be. For example, if you said, “Alexa, shuffle Adele,” the speaker would start recording what you said after “Alexa” to get the information needed to process your request. This means that the device will only send your recorded voice to Amazon’s servers after you activated the device. Functioning under these restrictions provides a relatively formal system of communicating with a machin Read the rest

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