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Trademarks › Trademark Infringement › Descriptive Trademarks

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Jaburg Wilk

Understanding Trademark Distinctiveness: The Spectrum of Protection

Jaburg Wilk on

In trademark law, distinctiveness is key. The more distinctive a mark, the stronger its legal protection—and the easier to register and enforce the mark. Trademark law classifies marks along a spectrum of distinctiveness,...more

Tarter Krinsky & Drogin LLP

Don’t Be Descriptive, Be Creative!

Tarter Krinsky & Drogin LLP on

There once was a company named Zotz, Which created toys for tots, Let’s use “Robotoy,” Zotz declares, File at once, Lawyer Zares, Months later, Zotz is dejected, Too descriptive, trademark rejected. First published in...more

Vicente LLP

Cannabis Trademarks 101

Vicente LLP on

In an industry that runs on innovation and differentiation, a cannabis brand’s identity is among its most valuable—and most prone to copying—assets. It’s a common myth that cannabis industry brands cannot get trademark...more

Dorsey & Whitney LLP

Derby Pie Eats Humble Pie

Dorsey & Whitney LLP on

Rupp v. Courier-Journal, Inc. involves a dispute between the makers of DERBY-PIE®—a trademarked chocolate-nut pie—and a local newspaper that published two articles about other businesses creating other chocolate-nut desserts....more

Rothwell, Figg, Ernst & Manbeck, P.C.

Practice Tips: Fair Use of a Trademark (Part I)

Rothwell, Figg, Ernst & Manbeck, P.C. on

One of the first things entrepreneurs will need to do when branding new companies is to seek and obtain trademark protection.  In addition, companies may at times seek to use third party trademarks without formally licensing...more

Dorsey & Whitney LLP

Tiffany & Co. Jury Verdict Against Costco Loses All Its Luster

Dorsey & Whitney LLP on

It is an epic trademark dispute with a lot of bling. Tiffany & Co. vs. Costco. The famed jeweler from the east vs. the titan of warehouse discounts from the west. A jury found that Costco was liable to Tiffany & Co. to the...more

Dorsey & Whitney LLP

Gatorade: The Sport Fuel Company for “Average Joes”

Dorsey & Whitney LLP on

In 2016, SportFuel sued PepsiCo for using their registered trademark “SPORTFUEL” in a slogan used to advertise Gatorade products. SportFuel is a personalized nutrition consulting firm in Chicago. ...more

Hogan Lovells

District Court of Hamburg: Swabian whisky not allowed to use the word “glen” in its name

Hogan Lovells on

Since 2013, the Scotch Whisky Association (SWA) has tried to prohibit the Swabian whisky producer Waldhornbrennerei, which is based in Berglen near Stuttgart, from using the trade mark “Glen Buchenbach”. ...more

Smart & Biggar

Year-end Round-up: Notable Trademark Case Law From 2018

Smart & Biggar on

There were many interesting trademark cases coming out of 2018, a few of which are discussed below. The scope of Canada’s anti-dilution remedy (section 22 of the Trademarks Act) is not limited to a defendant’s use of a...more

Akerman LLP - Marks, Works & Secrets

The Skinny on “Thins”

Akerman LLP - Marks, Works & Secrets on

According to the Federal Circuit, the skinny on the term “Thins” is that it may be generic for thinly cut snack crackers. Real Foods Pty Ltd. V. Frito-Lay North America, Inc., (October 4, 2018 Fed. Cir.)....more

Hogan Lovells

U.S. – Reframing the Test for Genericness in the Soft Drink Wars

Hogan Lovells on

Royal Crown Co., Inc. v. The Coca-Cola Co., 2018 WL 3040163 (Fed. Cir. June 20, 2018) - In late June, the Federal Circuit issued  an opinion in the year-long litigation between Royal Crown Co., Inc. (“RC”) and The...more

BCLP

The Last Unicorn… Frappuccino?

BCLP on

While the mythical unicorn is a rare creature, it has recently become a marketing phenomenon, with the unicorn’s rainbow-laden powers being harnessed to sell unicorn-themed products that can cover you from literally head to...more

Snell & Wilmer

Considerations When Using Descriptive or Generic Trademark Terms

Snell & Wilmer on

I. Adding Distinctive Terms or Logos to a Descriptive or Generic Term Will Not Protect the Descriptive or Generic Term. A descriptive trademark1 is one that immediately brings to mind a use, purpose, function,...more

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