Category: Trademarks

Trademarks

GRIDIRON TO COURTROOM: WHO OWNS “8”?

When two NFL quarterbacks battle for control, fans typically expect a showdown on the field. But what happens when the competition moves from the gridiron to the courtroom?

The trademark dispute between Troy Aikman and Lamar Jackson offers a fascinating glimpse into the world of intellectual property law, where athletes strive to protect their brands through trademarks. Whether you’re a Ravens fan, a Cowboys supporter, or an intellectual property enthusiast, this case illustrates the intersection of branding, identity, and legal conflict.

Consider this a playbook to understanding the legal game behind the “8.”

Continue reading “GRIDIRON TO COURTROOM: WHO OWNS “8”?”

Taylor Lores
Trademarks

Very Demure, Very Mindful, Very Trademarkable? Can TikTok Catchphrases be Trademarked?

The rise of social media has presented challenges to trademark law, as it has blurred the lines between creative expression and brand identity used in commerce. Social media platforms like TikTok have fundamentally changed how entertainment is produced, consumed, and monetized. Social media provides an entertainment platform that allows for entertainment from user to user instead of from an entertainment company to a viewer. TikTok is particularly known for its popular trends and quick fame achieved through its short-form content. Many creators on this platform become known through catchphrases, witty one-liners, and nicknames. These phrases have potential to generate significant value through increased followings, brand deals, merchandise, and online advertising. This raises the question of  whether a TikTok catchphrase or nickname can be a valid trademark. If so, does the creator who popularized it through the app have rights to the mark?

Continue reading “Very Demure, Very Mindful, Very Trademarkable? Can TikTok Catchphrases be Trademarked?”

Emma Welch
Trademarks

Leveling the Trademark Playing Field for Small Businesses

When small businesses are just getting off the ground, one big question on their minds is, “How do we stand out from the competition?” One way to stand out is by having a distinctive name, slogan, or logo. It’s even better if a business takes steps to ensure these identifying symbols are maximally protected under the trademark law. A valid trademark identifies the source of … Continue reading Leveling the Trademark Playing Field for Small Businesses

Griffin Topel
Trademarks

Don’t Tell CHANEL: Legitimate Resale or Trademark Infringement?

Anyone interested in fashion or pop culture likely knows that CHANEL is one of the largest, well-known, and sought after names in the fashion industry. Words such as timeless, chic, and luxurious are often used to describe the clothes and accessories sold by the French fashion house. Since its beginning in the early 1900s, Chanel has obtained intellectual property (“IP”) rights, particularly in its trademarks. A trademark can be any word, phrase, symbol, design, or combination thereof that distinguishes your goods and services from that of another. For Chanel, its name and logo are both well-known and well recognized trademarks. Unfortunately for the average consumer, Chanel’s goods aren’t as easily accessible as they are recognized, due to the high price tags that the brand is also known for.

Continue reading “Don’t Tell CHANEL: Legitimate Resale or Trademark Infringement?”

Catherine Wershing
Fun Facts, Trademarks

Roll Tide? How State Name, Image, and Likeness Laws Will Impact Collegiate Athletic Dynasties

When one thinks of collegiate athletic dynasties, one might conjure up the image of Alabama’s football team under Coach Saban, Duke Men’s Basketball under Krzyzewski, or the UConn Women’s Basketball team under Gino. Respectfully, not many would think of a team from New Mexico. However, with the development of Name, Image, and Likeness (NIL) laws, people may start thinking of New Mexico or other non-typical … Continue reading Roll Tide? How State Name, Image, and Likeness Laws Will Impact Collegiate Athletic Dynasties

Meredith Wickenheiser
Trade Dress, Trademarks

Trendy Dupes and Hypothetical Trade Dress Disputes

Rise of the Dupes

With trends coming and going so fast, most people cannot possibly keep up. However, that does not stop the desire to keep up with them. It is very costly for consumers to keep up with ever-changing products. So, consumers are now opting for “dupes.” For example, consumers frequently opt for #lululemondupes to get the same look as the Canadian brand of leggings and athleisure but for a much lower cost.

Continue reading “Trendy Dupes and Hypothetical Trade Dress Disputes”

Maya Smith
Trademarks

Importing Pez, Dispensing Trademark Infringement

In 2022, Netflix released a quirky true crime documentary, called The Pez Outlaw, detailing the passionate rivalry between the president of PEZ USA (“the Pezident”) and Steve Glew, a Pez collector who brought thousands of Pez dispensers into the US illegally. The film follows the heartfelt story of Glew, aka the “Pez Outlaw,” whose candy smuggling adventures introduce its audience to issues of IP liability, … Continue reading Importing Pez, Dispensing Trademark Infringement

Bailey Hammond
Trademarks

Checking Out Trader Joe’s Tote Bag Trademark Battle

Trader Joe’s: A Long Grocery List of Trademarks

Trader Joe’s is an undeniably popular grocery store chain.
It operates over 500 locations in the United States across 42 states and Washington, D.C., with estimated annual sales that reach $16.5 billion.

I’m a fanatical patron myself. I love its funky, mom-and-pop aesthetic and products that I can’t seem to get elsewhere like Everything But the Bagel seasoning (Trader Joe’s owns the trademark for that). The chain has achieved wide success with its “cult-like” customer base

Continue reading “Checking Out Trader Joe’s Tote Bag Trademark Battle”

Maris Chetsea M Medina
Trademarks

Dumb Starbucks or Smart Starbucks? Brewing Up Effective Parodies

Years before I started law school, I enjoyed indulging in the work of a comedian named Nathan Fielder, a master of absurdist comedy. Never did I realize this would be one of my first encounters with the many principles of trademark law. On his show, Nathan for You, he acts as a “consultant” helping real people with their real businesses. However, Nathan’s version of “help” only included absurd and unrealistic ideas, such as the concept of “Dumb Starbucks.”
Continue reading “Dumb Starbucks or Smart Starbucks? Brewing Up Effective Parodies”

Elizabeth Schrieber
Trademarks

A Trademark Telenovela: Nestlé USA Fights to Keep Mexican Classics Off the Shelves

With winter (or Abuelita season) approaching, Chocolate Abuelita (a classic Mexican hot chocolate) is at the top of many Mexican minds. However, this time, the thought comes with a bit of uncertainty. This summer, a trademark infringement lawsuit between Nestlé USA and Ultra Mundiales, a Mexico-based distributor, took over Mexican Instagram and TikTok.

Continue reading “A Trademark Telenovela: Nestlé USA Fights to Keep Mexican Classics Off the Shelves”

Iris Gomez