California Intellectual Property Blog

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Musk Notches Early Win Against Alleged Tesla Trademark Squatter

New Tesla trademark was in peril, but things seem to be looking up.

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.

NBC Is Going After the ‘Dunder Mifflin’ Trademark… Again

NBCUniversal files for Dunder Mifflin trademark again.

If someone mentions the term ‘Dunder Mifflin,’ the people they’re talking to will understand the reference 9 out of 10 times. The name belongs to a fictional paper company in the insanely popular show The Office. It’s easily one of NBCUniversal’s most successful series in history. However, you may be surprised to learn that NBC doesn’t own the Dunder Mifflin trademark.

Even crazier, an unrelated company does own that trademark. A battle has been raging over the intellectual property since last year, and even after a rejected application, NBCUniversal has filed more trademark applications with the U.S. Patent and Trademark Office (USPTO). Here’s what you need to know.

The Paper Business Is War

Many people are surprised to learn that the owner of The Office doesn’t actually own the ‘Dunder Mifflin’ trademark registration.  Even though the company has licensed the sale of merchandise featuring the fictional paper company for over a decade, it failed to register the trademark with the USPTO. However, Jay Kennette of Jay Kennette Media Group did register the name in 2017.

Strangely, NBCUniversal did not file a trademark opposition to block the registration. Had the company done so, Kennette’s registration very likely would have been rejected. Instead, it was three years after Kennette successfully registered the trademark that NBC submitted an application of their own for the Dunder Mifflin trademark. It was promptly rejected.

In response, NBC filed a trademark cancellation to cancel the registration.  The cancellation is still pending.

NBC files more Dunder Mifflin Trademark Applications

NBC’s initial application to register the Dunder Mifflin trademark was rejected in 2020 — the same year The Office became the most streamed show in America. The company filed its cancellation against Jay Kennette Media Group two years later, and in March 2023, NBC filed new trademark applications for what many assumed was a trademark it already owned.

The applications seek registration under four separate trademark classes. These classes cover toys, leather articles, beverageware, and, obviously, a variety of paper products.  While it’s worth noting that the trademark classes listed in NBC’s newest applications for the Dunder Mifflin trademark are different from those listed on Jay Kennette’s registration, it still appears that NBCUniversal has a good case due to the fame of the TV show.

What Happens Now?

There’s no denying that NBCUniversal licensed the use of the Dunder Mifflin trademark at least as far back as 2011. This was long before Jay Kennette’s registration — even though Kennette claimed first use of the trademark in 2007 (a mere two years after the show premiered).

While NBCUniversal’s applications are under separate trademark classes than Jay Kennette’s, this was also true when they sought registration back in 2020. For now, we’ll have to wait to see how the trademark cancellation plays out.

Until then, we’ve at least got Pretzel Day to look forward to.

Pretzel Day Ruined as Company Faces ‘Dunder Mifflin’ Trademark Lawsuit

Dunder Mifflin trademark lawsuit, bigger than Scranton

While Pretzel Day is officially recognized in April every year, a lawsuit filed July 1, 2022 could cause repercussions for many Pretzel Days to come. That’s because NBCUniversal (NBCU) — the owner of the hit show The Office — is facing off against a company that’s owned the trademark registration for “Dunder Mifflin” for about six years. David Wallace would be none too pleased about the situation.

NBCUniversal Files Lawsuit Over “Dunder Mifflin”

When the American version of The Office premiered back in 2005, few people understood the cultural significance it would eventually hold. Even 15 years later, it claimed the top spot as the most streamed show on Netflix with more than 57 billion hours viewed yearly. This significant feat was reported in 2020 — the same year NBCUniversal sought to register a trademark for the fictional company within the show, Dunder Mifflin.

In a move that likely surprised many, the company’s application was denied. Even though they listed a date of first use of 2005 in the application, the faux paper company had already been registered back in 2016 by Jay Kennette Media Group, LLC. The brand was granted a trademark by the USPTO to use for apparel marketing. NBCU is currently appealing the rejection of its trademark application and have also filed a lawsuit claiming trademark infringement.

Trademark Squatter or Rightful Owner?

The lawsuit filed by NBCUniversal claims that Jay Kennette Media Group registered “Dunder Mifflin” as a form of trademark squatting. They say the company actively registers intellectual property they have no rightful ownership over to either (A) sell the trademark for profit to the rightful owner or (B) profit by creating a likelihood of confusion among consumers.

When reviewing the trademarks owned by Jay Kennette Media Group, it seems as if NBCU has a strong point. The company has registered trademarks from a variety of fictional works it has no ownership over. These include Dragon Ball Z, Blade Runner, and many of the stories written by H.P. Lovecraft.

Does this mean these rights will hold up in court? Absolutely not. Now faced with trademark litigation, it’s possible that Jay Kennette Media Group’s trademark claims are in trouble.

What Happens Now?

Now that NBCUniversal has filed a lawsuit in federal court, Jay Kennette Media Group will have three weeks to respond following service of the complaint. They can file an answer, a motion to dismiss, or another type of response. They may also choose not to respond at all if they believe they might lose the case, and this will result in a default judgment for NBCU. The majority of trademark cases end in this manner.

If Jay Kennette Media Group fails to respond or loses its case, however, it could result in significant losses for the company. NBCUniversal has requested that any remaining merchandise branded with the Dunder Mifflin name be destroyed. They’re also seeking unspecified damages along with any profits Jay Kennette has earned from selling infringing branded merchandise featuring the fictional paper company’s name.

Fans of The Office may remember how short Dwight’s first run as manager was, but with nearly six years of using “Dunder Mifflin,” Jay Kennette Media Group’s use of the term is anything but short-lived. In fact, they were very close to being able to file to make their trademark incontestable.  There’s no guarantee how the courts will decide if this case does go to trial, but if NBCU is as successful as they hope, it might be over before Belsnickel visits.