A primer on the immoral or offensive bar to trademark registration Trademarks are all around us—from the Apple symbol emblazoned on a MacBook to a “Loyola Chicago” logo printed on a sweatshirt. (Spot three trademarks in that sentence!) Trademarks exist across different industries and evoke different things to a consumer. However, all trademarks serve an essential purpose: to identify and distinguish a good or service … Continue reading No Offense, But Can This Trademark Be Registered?

The 2024-25 National Hockey League (NHL) season officially kicked off on October 8th. The introduction of a new team based in Salt Lake City, Utah has made this hockey season especially exciting. The new professional hockey team, which picked up the players and assets of the Arizona Coyote’s Hockey Team, after its suspension, is currently going by “The Utah Hockey Club.” As the hockey team … Continue reading Likelihood of Confusion on Ice: The Utah Hockey Club’s Trademark Face-Off

A common misconception many people have about trademark law is that trademarks are only valid if they are registered with the US Patent and Trademark Office (USPTO). I had the opportunity recently to debunk this fallacy at a family holiday dinner. I’ll explain how. Mythbusting at Christmas Dinner [Every family experiences awkward table talk over holiday dinner. But when you’re in law school, apparently the … Continue reading Trademark MythBusting – The MythBusters Trademark Dispute and Misconceptions Surrounding Trademark Registration

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

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?”

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