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Trademark

Cohen Law > Trademark (Page 3)

Redskins Trademark Cancelled by the Trademark Office

Today, the Trademark Trial and Appeal Board (TTAB), cancelled six registered trademarks, that include the term “Redskins” for the Washington Redskins, owned by the NFL.  The plaintiffs in the matter were able to prove by a preponderance of the evidence that the term Redskins is “disparaging” to a substantial composite of the Native American population. Under Section 2(a) of the Trademark Act, words that “may disparage” individuals or groups or “bring them into contempt or disrepute” are not permitted as trademarks. The ruling pertains to six different trademarks associated with the team, each containing the word “Redskin.” When it comes to...

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Taylor Swift Trademark Infringement Lawsuit with Lucky 13

The clothing and apparel company, Blue Sphere Inc. doing business as Lucky 13, and Robert A. Kloetzly filed a complaint against Taylor Swift and her business entities. In the complaint, BLUE SPHERE, INC. et al. v. SWIFT, et al. CASE NO.: 8:14-cv-00782, Swift is accused of allegedly infringing on Blue Sphere’s federally protected trademarks by selling merchandise using the phrase “Lucky 13” without Blue Sphere Inc.’s authorization. The origin of the action is simple. “Lucky 13” is a clothing and apparel company that has federally protected trademarks using the phrase “Lucky 13” on clothing and their merchandise. However, Swift happens...

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Trademark Opposition of Deadmou5 vs. Disney

At the end of March, The Trademark Trial and Appeals Board granted Disney a 90-day extension to file an opposition against a pending trademark sought by Ronica Holdings, Limited, on behalf of the popular EDM artist, Joel Zimmerman, known as “Deadmou5” (pronounced “Dead Mouse”).The pending trademark, shown below (Serial No. 85972976) features a smiling black and white mouse head with big ears, similar to the Mickey Mouse silhouette, also shown below. It is likely that Disney and Zimmerman’s representatives are trying to hash this out during the 90 day period.In one scenario, Disney may seek to block the trademark outright...

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USPTO Remains Open During Government Shutdown

While many government agencies have been forced to close shop as a result of the quibbling between the members of Congress, there has been one bright bastion of hope for American efficiency; the United States Patent and Trademark Office. Without sounding like I’ve been paid by them, the USPTO appears to be the exemplary son of Uncle Sam compared to its inept siblings. Why? Because it remains open during the shutdown, able to stand on its own feet. See their official comment here: http://www.uspto.gov/news/2013ops.jspDon’t get me wrong, as an IP firm with a high volume of patent and trademark filings,...

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Louboutin and Yves Saint Laurent’s Trademark Update

The sage continues, but this time the brawl between the two high-end fashion titans takes place in the United States Patent and Trademark Office. Back in September of 2012, the Second Circuit issued an important fact-specific ruling in regards to Christian Louboutin‘s trademark covering the red sole of their shoe in that protection will remain only when the red outsole is contrasted with the “upper” of the shoe. The opinion stems from the affirmation of the district court’s denial of Louboutin’s motion for a preliminary injunction against Yves Saint Laurent (YSL). The Second Circuit specifically found that “it is the...

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