The Battle Over the Smashburger Trademark Is Escalating

Posted on May 19, 2026 by Mandour & Associates

Anyone who loves a good meat patty has undoubtedly tried a smash burger in recent years. These flattened culinary delights provide a crispy form of hamburger that traps juices within the meat. What many people may not realize is that one company actually owns the Smashburger trademark. However, challenges over this brand’s intellectual property rights are increasing.

Smash burgers are not a recent food evolution. In fact, some historians believe the first hamburger in America was likely a smash burger. However, the term exploded in popularity after the restaurant chain Smashburger IP Holder LLC (i.e., Smashburger) opened in 2007. This helped the company secure various trademark registrations at the time.

The brand has faced several intellectual property issues over the years. However, a recent trademark filing could mean additional trouble for the Smashburger trademark.

The Fight Over the Smashburger Trademark

Considering the long history of smash burgers in America, it’s no surprise that the Smashburger fast food giant has run into problems. The European Union Intellectual Property Office (EUIPO) recently denied registration for “Smashburger,” saying it merely described a cooking technique. The company also faced pushback over a recent logo rebrand.

Still, Smashburger IP Holder LLC has managed to secure various trademarks from the U.S. Patent and Trademark Office (USPTO). Some of these have even become incontestable trademarks – which grants the company heightened protection from challenges to their rights. Still, this did not stop another brand from attempting to trademark a similar term.

On October 24, 2025, Bam Holding submitted an application to trademark their “Junk Smash Burger” logo. In the logo, the word “burger” is not capitalized, and “smash burger” is presented as two words rather than one. This could potentially be an effort to distinguish the brand from the more popular Smashburger business. However, it seems this effort was not enough.

Smashburger Brand Files Opposition

On May 12, 2026, Smashburger IP Holder LLC filed a trademark opposition against the Junk Smash Burger trademark application. In the filing, the brand claims that registering the term would cause consumer confusion and dilute its brand. Since Bam Holding plans to use the name for its own burger brand, it seems obvious how such confusion could arise.

Between a likelihood of confusion and trademark dilution claims, Bam Holding could have an uphill battle ahead of it. The dispute seemingly stems from the brand’s desired logo, which features the words “smash burger” – just like the various logos used by Smashburger IP Holder LLC. However, it’s also easy to envision a scenario where Smashburger could lose its rights.

Put simply, trademarks cannot be merely descriptive. This is why the EUIPO rejected the application from Smashburger IP Holder LLC. At a minimum, the smash burger cooking technique has been around for decades. So, how can one company claim ownership over such a popular cooking method?

Smashburger: The Right Place at the Right Time

In most cases, well-known culinary techniques cannot simply be trademarked. However, one must look at the context surrounding the Smashburger trademark. Back when the popular company opened in 2007, the term “smash burger” as a cooking method was not nearly as mainstream as it is today.

While these burgers are nothing new, the name Smashburger for a brand certainly was. When most consumers heard the words “smash burger” back in 2007, they immediately thought of the Smashburger fast food brand. This alone could make the term a distinctive trademark. The increased use of this terminology happened only after the fact.

However, the Smashburger trademark could possibly become generic. “Genericide” has occurred to many popular trademarks – ranging from Aspirin to Escalator. Smashburger IP Holder must continue to fight to prevent their trademark from becoming generic. Filing trademark oppositions is one way that companies do this.

Could the Smashburger brand one day lose its intellectual property rights? Possibly. Still, it seems the brand is ready to fight tooth and nail to stop this from happening.

Battle for Middle-Earth Trademark: LOTR Brand Targets LGBTQ Agency

Posted on April 14, 2026April 17, 2026 by Mandour & Associates

In the decades since J.R.R. Tolkien created the fable of Middle Earth, the fantasy world has enjoyed a consistent place in pop culture. Even now, The Hunt for Gollum film is in production for a 2027 release. The series features epic imaginary battles, but a real-world fight is currently emerging over a popular Lord of the Rings trademark.

The current intellectual property dispute involves the fictional land of Rivendell from the Middle Earth saga. The National Gay Marketing Corporation submitted an application to trademark the term “Rivendell Media.” Many consumers might immediately think of Tolkien’s work when they hear “Rivendell,” but due to how long the LGBTQ agency has operated, this case could get very interesting.

The Fight Over a Lord of the Rings Trademark

The National Gay Marketing Corporation filed its trademark application on December 10, 2024. From the start, the organization ran into several issues that interfered with its potential trademark registration. However, these problems all appeared to be technicalities. Examining attorneys at the U.S. Patent and Trademark Office (USPTO) did not mention Middle Earth at all in their correspondence.

In October 2025, the group overcame all these issues and had “Rivendell Media” published in the Trademark Official Gazette. At that point, Middle-earth Enterprises, LLC, began pushing back against the application. The company submitted a trademark opposition to block registration, claiming that consumers might think the LGBTQ brand was somehow linked to Middle Earth.

While this might otherwise be a solid argument, the first use of “Rivendell Media” could raise issues for the Tolkien-linked brand.

Issues of Priority

There’s no debate that Middle-earth Enterprises owns rights to the term “Rivendell.” The company has several valid trademarks, some registered back in 2008. And even if there were no likelihood of confusion between the brands, it would be easy to see how “Rivendell Media” could potentially dilute the branding power of the popular Lord of the Rings trademark.

However, things get interesting when you realize that Rivendell Media is an established brand that’s been around for decades. The company was founded in 1979. Since then, it has offered advertising services for local and regional LGBTQ publications. While the “Rivendell” of Middle Earth was contrived long before 1979, it seems to have only recently been used in commerce.

That’s a defining characteristic of U.S. trademark law. The USPTO will not register a trademark unless commercial use has occurred. None of the several registrations mentioned in the filing by Middle-earth Enterprises mentions commercial use anywhere near as early as 1979. This could pose unique challenges when going up against a brand with a nearly half-century history.

What Happens Next?

The dispute between Middle-earth Enterprises and the National Gay Marketing Corporation may prove extremely complicated. Rivendell was linked to The Lord of the Rings long before Rivendell Media began offering services to LGBTQ brands. However, Rivendell Media clearly began providing commercial services under the name decades before Middle Earth did, and the use has now gone on for years.

Since an opposition was filed, the National Gay Marketing Corporation must submit an answer to the USPTO. Failure to do so by June 12, 2026, will result in trademark abandonment. Unfortunately, it’s difficult to predict what may happen next.

The two parties may reach an agreement that allows mutual use. The effort to trademark Rivendell Media may also cease, but this seems unlikely since the brand has existed since 1979. Even if the Trademark Trial and Appeal Board (TTAB) makes a decision in the case, either party may file federal litigation if they don’t like the outcome.

Put simply, this Lord of the Rings trademark dispute could make the Battle for Middle Earth look like a playground skirmish.

Woodstock Trademark Owners Target Festival Despite Name Change

Posted on March 27, 2026April 3, 2026 by Mandour & Associates

The 1969 Woodstock Festival was a turning point in counterculture history. While the event itself was aligned with anti-capitalist ideology, the organizers secured commercial rights over the Woodstock trademark in 1978. And while it’s been over a quarter-century since the last official festival, recent federal filings show the owners are still fighting to protect the brand.

On March 24, 2026, Woodstock IP, LLC filed a trademark opposition against another festival organizer. The target was Alexander Richard Klinge, a man who attempted to register the name “Wubstock” for an upcoming music festival held in Iowa. The interesting issue is that this battle seemed to be over even before Woodstock’s official owners filed the Opposition.

A Tight Grip on the Woodstock Trademark

The owners of the Woodstock brand filed their first trademark application in 1978. While many may have seen such commercialization as a betrayal of the original festival’s values, it ensured the men who organized the event maintained control of the trademark. This certainly allowed them to cash in on the follow-up festivals in 1994 and 1999.

However, the 1999 festival was – put simply – an absolute trainwreck. In fact, that’s the actual name of the Netflix documentary that focuses on the event. Due in part to bad publicity and monetary issues, there have been no other festivals since that year. However, this hasn’t prevented the owner from capitalizing on the name.

Enter Wubstock, a 2-day electronic music festival. While Wubstock organizers didn’t directly use the Woodstock trademark, the owners of the original brand felt the name was too similar. That’s why they took swift action when organizers of Wubstock sought registration in June 2025. While the new event’s organizer seemed to concede, the issue still ended up before the U.S. Patent and Trademark Office (USPTO).

Woodstock vs. Wubstock

In its opposition, Woodstock IP, LLC claims that registration of Wubstock would confuse consumers. The complaint states that the festival name creates “a false sense of connection” with the actual Woodstock brand. In any other instance, it would be up to the Wubstock organizers to prove that registration would not create a likelihood of confusion with the Woodstock trademark.

However, it seems likely that there will be no attempt to do so. The owners of Woodstock sent a cease and desist letter to Alexander Klinge regarding the festival. In response, Klinge said he would end all use of the “Wubstock” name to avoid any perceived infringement of the Woodstock trademark. The festival name was abruptly changed to Sonic Roots.

However, it seems that Klinge did not act quickly enough for Woodstock. Less than two weeks after he promised to end any promotion under the Wubstock name, Woodstock IP, LLC filed its opposition. The brand noted that Klinge agreed to withdraw his application voluntarily, but that it had not been done in a “timely manner.”

Is a Legal Fight Coming?

Now that a formal opposition has been filed, the Trademark Trial and Appeal Board (TTAB) is involved. On paper, the Wubstock applicant has until May 23, 2026, to file an answer with the TTAB. In many cases, we would have to wait and see what happens next. Filing an answer by the deadline would be necessary if the owner of the opposed application wanted to fight back.

However, this doesn’t seem to be the case with Wubstock. As promised in Klinge’s response to Woodstock IP, LLC, it seems that the Wubstock moniker has been scrubbed from existence. A rebranding process clearly occurred, but the owners of the Woodstock trademark still filed an opposition. If Klinge chooses not to respond, Wubstock will become an abandoned trademark.

The real question is whether the opposition was even necessary.

Did Woodstock IP, LLC Need to Go After Wubstock?

No statement of use was filed for Wubstock, which would show commercial use of the trademark. Without it, the USPTO will not grant registration. Additionally, withdrawing an application can take up to four weeks to process. Even without a formal withdrawal of the application, it was likely to die soon due to the lack of an answer.

Of course, the owners of the original brand recently sought permission to use the Woodstock trademark for a marijuana brand. For a company trying to capitalize on a festival with clear anti-capitalistic undertones – a festival that hasn’t had a follow-up in over 25 years – perhaps the Wubstock application didn’t need to die. Perhaps it simply wasn’t dying soon enough.

Musk Notches Early Win Against Alleged Tesla Trademark Squatter

Posted on March 17, 2026March 20, 2026 by Mandour & Associates

Recent months have been a nightmare for Elon Musk’s Tesla when it comes to intellectual property. The company’s “Robotaxi” trademark is all but dead in the water, and the company failed to promptly file a trademark application for its Cybercab vehicle. This allowed another company to seek registration for the new Tesla trademark, hindering the Musk-owned brand’s efforts.

Tesla unveiled its plans for the Cybercab at the “We, Robot” event in October 2024. However, the company had apparently not submitted a trademark application for the name at that time. Doing so would have been common practice, as an intent-to-use trademark could provide protection even before a brand identifier is officially used.

This delay allowed an alleged trademark squatter to claim the name, but Tesla appears to have secured an early victory.

Tesla Misses Opportunity for Quick Registration Due to Squatter

In early January 2026, media sources and blogs across the world reported Tesla’s failure to secure the Cybercab trademark. One outlet stated, “Tesla Loses Trademark to ‘Cybercab’ in Comical Display of Incompetence.” There’s no denying that failing to register the trademark in a timely manner was ill-advised, but in reality, the new Tesla trademark was not “lost.”

A week after the announcement of Tesla’s Cybercab – long after the company should have filed an application – French beverage company Unibev began submitting trademark applications. They did this not just with the U.S. Patent and Trademark Office (USPTO), but with intellectual property agencies across the globe. Why would a beverage company seek a trademark for a vehicle?

By all accounts, it seems as though the company is engaged in “trademark squatting.” This occurs when an entity registers a trademark with no bona fide intent to use it. They typically do so to extort high fees from the rightful owners of the trademark by selling the rights back to them. However, the richest man on earth doesn’t seem like he’ll take this lying down.

Tesla Notches Early Win Against Alleged Squatter

When Musk’s company finally got around to filing a USPTO trademark application, it quickly saw its new application suspended. This means that all processing on the application ceased due to Unibev’s earlier application. Still, this did not mean that Unibev had any rights over the term “Cybercab.” It simply meant they secured priority filing.

Rather than waiting to see how the Unibev application would turn out, Tesla submitted a trademark opposition. This filing requested that the USPTO deny registration to the beverage company. In the filing, Tesla accused Unibev of many things – but the primary sticking points are trademark squatting and fraud.

It’s rare that an opposition notice is this blatant with accusations. However, the claims may be warranted if everything in the filing is true.

Could Unibev Secure the New Tesla Trademark?

While Unibev sought to register “Cybercab” before Tesla, an earlier filing does not guarantee success. Clearly, the electric vehicle company will not tolerate perceived trademark squatting. Its USPTO opposition submission is over 150 pages long, and it claims the brand has engaged in a global effort to fight Unibev’s alleged fraudulent filings.

The USPTO filing says that Unibev’s CEO openly congratulated Elon Musk on X (formerly Twitter) for his Cybercab announcement to shareholders. This congratulatory “tweet” occurred months before Unibev sought rights over “Cybercab.” Add this to the fact that Unibev does not manufacture vehicles – even though it claims it intends to – and accusations of squatting seem more plausible.

For now, Unibev has until April 25, 2026, to respond to claims that they’re squatting on the newest Tesla trademark. While they may choose to continue this fight, going up against the world’s richest man may be a tall order.

Donald Trump Has Had a Busy Week at the U.S. Trademark Office

Posted on February 27, 2026March 5, 2026 by Mandour & Associates

It’s no surprise for the President of the United States to find himself in the news. It’s part of the job. However, Donald Trump has had a particularly newsworthy week in an area that often goes unnoticed: American trademark law. The president’s lawyers have been busy submitting requests for new intellectual property (IP) rights and fending off potential trademark infringement.

While the president certainly isn’t dealing with these problems himself, the increasing number of IP issues might soon catch his attention.

Donald Trump Seeking New Trademarks, Defending Old Ones

It made international news when Florida lawmakers voted to rename Palm Beach airport after President Donald Trump. However, eyebrows quickly shot up when the president’s intellectual property company filed to trademark his name for use on airports. This essentially opened the door for Trump to profit from what’s typically considered an honorary naming.

The president also pressured New York to rename an airport after him, offering to unfreeze billions in infrastructure funding if they did so. While it’s unclear how any of this will play out, the president is also facing intellectual property issues that seem more straightforward. Case in point, the “Trump Burger” saga seems to be reaching an inflection point.

People took note when a Texas restaurant chain branded itself as “Trump Burger.” The restaurant was overtly pro-Trump, but it wasn’t linked to the president. Ownership disputes eventually led to a company fracture. Two separate parties claim ownership over the franchise, and one sought to register “MAGA Burger” with the U.S. Trademark Office.

Trump’s people quickly filed a trademark opposition.

Additional Attempts to Profit From the MAGA Movement

Watching the “Trump Burger” fiasco unfold has been interesting. It involved ownership disputes, allegations of sham marriages and visa overstays, lawsuits, and even deportation proceedings. Now that Trump’s lawyers have officially become involved to stop the “MAGA Burger” trademark from going through, the end of this story is likely within sight.

However, it appears the president now has intellectual property disputes on other fronts. Two trademark cancellation filings were filed with the Trademark Office on February 26, 2026, by businesses related to the Trump Organization. These filings targeted existing registrations for “MAGA Rats” and “MAGA Grace.”

The MAGA Rats trademark appears to belong to a Florida company that produces pro-Trump clothing. On the other hand, MAGA Grace is linked to a Chinese company that sells bags and accessories. Considering the president’s hardline stance on intellectual property rights, it’s interesting that these companies were able to secure trademark registration in the first place.

However, this appears to be an oversight that the Trump Organization is ready to correct.

David and David and David Versus Goliath

Some organizations might buckle under the weight of so many simultaneous legal issues. However, the Trump Organization has the resources of a billionaire and the President of the United States at its disposal. There’s little doubt that it will be able to handle new registrations, old fights, and new battles simultaneously.

The U.S. Patent and Trademark Office (USPTO) has consistently upheld the trademark rights of Donald Trump. With the president’s handpicked director at the helm of the agency, it would be unsurprising if his winning streak were to continue. However, it’s hard to deny that mentions of “MAGA” would likely always bring the president to mind. Essentially, the president has a point.

The USPTO will need to decide whether the companies facing opposition and cancellation from the Trump Organization could create consumer confusion by merely existing. If recent history has taught us anything, though, there’s a high likelihood that the POTUS will walk away from these fights with more than he started with.

Popeye Enters Public Domain, But a Trademark Fight Is Brewing

Posted on February 18, 2026February 19, 2026 by Mandour & Associates

Generations of children grew up enjoying Popeye the Sailor Man. That’s why it was big news when the character’s copyright registration expired in January 2025. At that point, the original incarnation of the quasi-superhero could be used by anyone in the public domain. However, a recent filing shows that the Popeye trademark may still offer some protection.

A trademark opposition filed by the character’s owner, Hearst Holdings, Inc., alleges that a wrestling company is trying to misuse its intellectual property. Freedom Pro Wrestling filed an application to register the term “Popeye” just nine days after the Popeye copyright expired. The U.S. Patent and Trademark Office (USPTO) published the application after an initial denial.

At that point, it seems the owners of the Popeye trademark ate their spinach and got ready for a fight.

Does the Popeye Trademark Still Have Protection?

It’s important to note that the expiration of a brand’s copyright does not affect its trademark rights. This became abundantly clear during Disney’s effort to protect Mickey Mouse, even after the character’s copyright expired. While there’s nothing to stop anyone from using the original Mickey Mouse – or Popeye, for that matter – trademark rights do still provide some protections.

For instance, the Popeye trademark prevents anyone from using the term “Popeye” in a way that might confuse consumers. Hearst Holdings does not own the word “Popeye.” This means other brands may be able to use the character’s name and likeness in a variety of ways. The only issue arises if such use could create a likelihood of confusion or trademark dilution.

That’s precisely what Hearst Holdings claims will happen if the wrestling organization receives the Popeye trademark.

Is This a Valid Trademark Opposition?

When the USPTO initially received Freedom Pro Wrestling’s trademark application, an examining attorney refused the application with a non-final action. This refusal was related to the existing rights of Hearst Holdings. However, the wrestling company altered its application to specify specific venues where it would use the Popeye trademark.

This was apparently enough to assuage the concerns of the USPTO. The application was published in the Official Gazette for an opposition period. This is an important part of the trademark timeline, and it’s where Hearst Holdings took note. In its opposition filing, the company claims that registration would confuse consumers.

The owner of Popeye claims that consumers may believe the services offered by Freedom Pro Wrestling are somehow related to the existing Popeye trademark. The holding company also claims that registration of the name will result in trademark dilution. Put simply, this means the strength of the existing trademark would be diminished in consumers’ minds.

So, what can we expect next?

The Road Ahead

Now that Hearst Holdings filed an opposition notice, Freedom Pro Wrestling has until April 13, 2026, to submit a response. If they do so, this will begin a process with the Trademark Trial and Appeal Board (TTAB). Both sides will have an opportunity to argue its case. The case could extend far into 2027, and if one side doesn’t accept the conclusion, a lawsuit could be filed.

However, it’s possible that Freedom Pro Wrestling will not submit a response. In this situation, they will have abandoned their application and secured no rights over the Popeye trademark. This is a common outcome, particularly when smaller organizations face off against massive corporations. However, the wrestling group may have a case if they move forward.

In its filing, Hearst Holdings makes a broad claim about confusion. It says confusion would exist because wrestling involves fighting – and Popeye is “at least after eating spinach, good at” fighting. The result of this case will rely on whether the company can prove that consumers might confuse wrestling services with its existing Popeye trademark.

In light of their considerable resources, it’s a fair assumption that Hearst Holdings will be “strong to the finish” in this case.

Company Aims to Take the Twitter Trademark Away From Elon Musk

Posted on December 15, 2025December 17, 2025 by Mandour & Associates

It’s been years since Elon Musk took over Twitter and rebranded it as “X.” Since then, he’s aggressively tried to leave Twitter’s iconography behind. In one post, he even said he would “bid adieu to the Twitter brand and… all the birds.” However, this aggressive rebrand may have left the Twitter trademark vulnerable to appropriation.

On December 2, 2025, an American startup company known as Operation Bluebird filed a trademark cancellation petition against the social media giant. The brand claims that Musk’s social media platform has essentially abandoned the Twitter trademark. If the cancellation is successful, a new Twitter may be on the horizon.

Could Musk Lose the Twitter Trademark?

Under U.S. trademark law, companies have to use their trademarks actively in commerce to retain rights. One cannot simply sit on their rights and not exercise them. If a brand identifier falls out of use, it becomes an abandoned trademark. At such a point, other companies could hypothetically file for registration and take control of the trademark.

This is the goal of Operation Bluebird. The brand plans to launch a new Twitter platform, Twitter.new. On the website, the term “The public square is broken” immediately pops up. This is a reference to Twitter once being known as the public square. Taking on X Corp. and Elon Musk may be a tall order, but it’s very possible that Operation Bluebird could be successful.

In the cancellation filing, the company claims that X has abandoned the Twitter trademark. The submission also states that X committed fraud by requesting trademark extensions with no bona fide intent to use certain Twitter-adjacent marks. However, this is not the first time X has faced such a challenge. In the past, it has been successful at maintaining its unused trademark.

What Are the Arguments Against X Corp. Owning Twitter?

In May 2022, a trademark application was submitted to claim exclusive rights to the term “But his tweets.” The filing was a play on “But her emails,” a term used in support of Hillary Clinton, submitted by a Donald Trump fan. Even though Musk was still friendly with Trump at the time, X Corp. submitted a trademark opposition to prevent registration.

Even though Twitter had rebranded to X and Musk wanted to “bid adieu” to the entire brand, the company still fought to safeguard the Twitter trademark. In the end, a ruling was issued against the applicant. “But his tweets” did not receive registration. However, this seems to have been a default judgment based on the applicant’s failure to respond to the opposition.

That means no real decision was reached in the case regarding the continued rights belonging to X. In fact, it appears as if the individual applicant simply wasn’t ready to take on a social media powerhouse with the world’s richest person at the helm. Twitter.new doesn’t seem to have the same reservations.

What Happens Next?

When X submitted a trademark opposition against the “But his tweets” trademark application, it essentially went on the offensive. Since the company was taking on a single individual – who undoubtedly did not have the resources of Musk – it easily emerged victorious. In reality, there wasn’t even a real fight to witness.

With Twitter.new aiming to take over the Twitter trademark, X now needs to go on the defensive. Operation Bluebird has fired the first shot in what could be an extended war. In reality, the startup company has a solid argument. While proving fraud may be a difficult endeavor, it does seem as though X Corp. may have abandoned commercial use of the Twitter brand.

While the abandonment claim is plausible — and targets several Twitter trademarks – this is unlikely to be an easy win for Project Bluebird. X Corp. could claim that it maintains residual goodwill since consumers still commonly refer to the website as “Twitter.” The brand can also claim that it intends to resume use at some point.

Regardless of the eventual outcome, it will be interesting to see how far Musk will go to protect a brand he has no interest in using.

Is Using the Word Emoji Illegal? The Emoji Trademark Saga Continues

Posted on November 30, 2025December 4, 2025 by Mandour & Associates

Very few symbols have established themselves across the entire cultural consciousness. Emoticons are arguably one of them. Using typeset symbols to create emotions [e.g., 🙂 for a smiley face], could date to 1648. Emojis are the clear successor to basic punctuation-based representations. This is why most people are surprised to learn that someone owns the emoji trademark.

Even more surprising, many brands have gotten into big trouble for using the word to advertise their emoji-related products. The company that owns the term – Emoji Co. GmbH – has filed various trademark infringement claims against those who use the word. In fact, they submitted a new filing to the U.S. Patent and Trademark Office (USPTO) just before Thanksgiving Day 2025.

Bicycle Company Targeted With Emoji Trademark Claim

On February 23, 2020, Movingetc, LLC submitted a trademark application for the term “iMoji.” The company sought exclusive use of the word for electrical adapters, cables, plugs, and headphones. While the terms “iMoji” and “emoji” might be spelled differently, they sound the same when spoken aloud. This would open the door for trademark litigation.

Because of this potential issue, Emoji Co. GmbH filed a trademark opposition on November 26, 2025. However, there are many questions related to this case. For instance, most trademark infringement claims must show that consumers are likely to confuse the source of products or services.

One must question whether a likelihood of confusion would truly exist between small characters conveying emotions and a line of headphones or electric cables. However, the opposition filing also claims that the famous emoji trademark may become less distinctive if the USPTO grants the iMoji application. Interestingly, this case raises even more intriguing issues than these.

A History of Litigation

You may be asking why the brand that owns the word “emoji” would target a company that doesn’t even appear to use the small pictograms. The reasoning becomes more obvious once you know that – in addition to licensing their intellectual property to Sony Pictures and Nestlé – Emoji Co. GmbH also has its name on medical foot cushions and patient safety restraints.

Put simply, the brand has built an empire across many industries – and it has the backing of major corporations. However, it’s interesting to see how the brand pulled this off. It’s reported that they’ve sued at least 10,000 defendants over simply using the word “emoji” in product titles and descriptions. In many cases, these claims targeted Amazon sellers who were merely describing a trait of their product.

While Emoji Co. GmbH owns several unique emojis, it can’t claim ownership over all emotion-based pictographs. Courts ruled in many cases that infringement was not willful, and they seem to indicate that the word was merely descriptive in its use. Still, the defendants often didn’t respond to court filings – meaning Emoji Co. received default judgments in their favor.

What Happens Now?

There are many unanswered questions involved in this case. Several exist because defendants have rarely chosen to fight the global Emoji Co. GmbH brand. However, this time may be different. Movingetc, LLC spent more than five years trying to get its application approved. They seem unlikely to just give up.

If Movingetc, LLC decides to fight back, they have until January 25, 2026, to file an answer with the Trademark Trial and Appeal Board (TTAB). The brand might claim that the emoji trademark is generic, and thus not eligible for protection. They could also argue that no confusion or loss of distinctiveness would occur if registration were granted.

Disney Dodges Definitive Ruling Over Mickey Mouse Trademark

Posted on November 19, 2025November 20, 2025 by Mandour & Associates

Mickey Mouse made his first appearance in the 1928 cartoon Steamboat Willie. The popular character quickly became a mainstay for Disney. Interestingly enough, U.S. intellectual property laws have literally been altered to protect the animated rodent since that time. And while the Mickey Mouse trademark seemed to be in danger recently, Disney appears to have pulled off another win.

However, this victory wasn’t in the form of a court ruling. In fact, the company seems to have succeeded by merely avoiding a definitive judicial decision.

Decades of Lobbying Followed by Uncertainty

When Disney released Steamboat Willie, U.S. copyright law only afforded 56 years of protection. Disney lobbied to have this protection extended when its copyright was set to expire in 1984. They were successful in doing this and accomplished the same feat again in 1998. However, 2024 finally saw the expiration of the company’s copyright.

Disney took steps to ensure Mickey still enjoyed protection once his copyright expired. One obvious move was to secure Mickey Mouse trademarks, which would limit how other brands could use the character. It’s because of this that Morgan & Morgan, a Florida-based law firm, suddenly found itself thrust into a dispute with the company. The issue? A commercial featuring Mickey.

The legal practice sought assurances from Disney that they wouldn’t be sued over their commercial. When they received none, they decided to take their case to court. Disney’s current victory stems from Morgan & Morgan choosing to end that fight.

Can the Mickey Mouse Trademark Protect Expired Copyrights?

There’s no question that Disney’s Steamboat Willie copyright has expired. However, its Mickey Mouse trademarks certainly provide some level of protection. However, trademark law typically focuses on whether there will be a likelihood of confusion among consumers. Mickey has already been used outside of Disney when such confusion would be unlikely.

For instance, Screamboat is a horror movie that parodies the Steamboat Willie version of Mickey. The film even has a sequel in the works – rumored to feature Minnie Mouse. Most consumers would not mistake a killer mouse for a work of Disney, but what about the commercial that Morgan & Morgan intended to release?

In that commercial – which would be a black-and-white ad in the same style as Steamboat Willie – Minnie Mouse seeks legal help after Mickey’s boat collides with her vehicle. The ad featured several disclaimers saying that Disney had no link to their brand or advertisement. Still, the law firm was reluctant to use the ad without knowing how Disney would respond.

Disney Secures Victory by Avoiding a Ruling

Morgan & Morgan claimed that Disney would not provide clarity on whether it would pursue legal action if the firm’s commercial aired. The entire point of their declaratory judgment lawsuit was to have the courts decide whether their use of Mickey and Minnie was within legal boundaries. By dropping the lawsuit less than two months later, the law firm and the world still have no definitive answer.

Just months before Morgan & Morgan’s lawsuit, Disney sued a company for selling Mickey Mouse jewelry. However, it appeared the brand was trying to convince consumers that the jewelry was directly from Disney. This is far from what Morgan & Morgan attempted, apparently going above and beyond to eliminate any likelihood of confusion or perceived connection to Disney.

There is no telling if anything went on behind the scenes between the law firm and the entertainment giant. The two parties may have come to an agreement to end the lawsuit. The terms of such agreements are often kept secret. It’s also possible that the legal practice decided that the ad was no longer worth the hassle of trademark litigation.

Regardless, Disney’s Mickey Mouse trademark seems to have served its purpose for another day – even if we still don’t know how far the brand’s intellectual property rights truly extend.

Home Warranty “Scammers” Face Trademark Infringement Lawsuit

Posted on October 30, 2025November 6, 2025 by Mandour & Associates

If you’re a homeowner, you’ve undoubtedly received a letter claiming “Your home warranty is about to expire.” These notices often look incredibly official, but in reality, recipients do not have any prior relationship with the company sending them. One might expect these brands to get in trouble for home warranty scams, but it turns out their undoing may be trademark law.

On October 23, 2025, Federal National Mortgage Association – better known as Fannie Mae – filed a trademark lawsuit targeting these companies. In the filing, several defendants are accused of misleading consumers through fraudulent marketing. Consumers have complained about this for years. Fortunately, it seems relief may be on the horizon.

Home Warranty Companies Targeted in Federal Litigation

When homeowners started getting notices claiming their home warranty was about to expire, it raised some eyebrows across the country. People who had no home warranty were receiving these notices. So were folks whose home warranties were far from expiring. The verbiage used would be enough to deceive many, but Fannie Mae alleges these companies went even further.

The complaint targets Warranty Global Group, Inc., Superior Home Protections, LLC, Oasis Home Protection, LLC, and US Home Guard LLC. Fannie Mae alleges that these companies used their well-known service mark (a form of trademark) to deceive consumers into believing the mortgage company offered or endorsed their services.

The examples listed in the complaint probably seem all too familiar to homeowners.

Is Fannie Mae Targeting Home Warranty Scams?

It’s difficult to call the services offered by these home warranty companies a “scam.” After all, they do offer actual insurance. While most of these companies have horrible reviews on the Better Business Bureau website, they are legitimate businesses. Still, their marketing tactics have garnered them a reputation as little more than home warranty scams.

Fannie Mae is a government-sponsored enterprise that purchases mortgages from banks and other lenders. In their filing, the company claims these home warranty brands sent unsolicited marketing materials that featured terminology like “Fannie Mae Mortgage,” “Official Business,” and “Immediate Response Needed.”

While news outlets have been hesitant to use the word “scam,” financial institutions aren’t as diplomatic. Many have warned their clients of these deceptive practices. Interestingly, it might not be false advertising or similar legal issues that get the defendants in trouble. It might be something as simple as trademark infringement.

What Happens Now?

In its complaint, Fannie Mae requested a temporary restraining order to immediately stop the defendants from continuing infringing activities. The company also requested a trademark injunction — which would permanently force the defendants to cease their alleged deceptive practices. Lastly, the filing requests that the courts award punitive damages.

If Fannie Mae is successful on all fronts, the defendants would have to end any marketing that implies an affiliation or endorsement by the mortgage association. Additionally, punitive damages would be issued as a form of punishment. This legal remedy is intended to deter similar actions in the future. However, the defendants may fight back.

While these brands likely won’t have to answer to allegations of home warranty scams, they will face their day in court over allegedly deceptive practices. There’s no way to predict how this case will resolve. However, the defendants may have an uphill battle if the claims in Fannie Mae’s filing are proven true.

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