Category: Trademarks

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.

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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.

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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

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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.”
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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.

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Iris Gomez
Trademarks

Make It Work!: Fitting Trademark Law into the World of Metaverse Fashion

As the fashion world winds down from a season of fashion weeks in New York, Milan, Paris, and Los Angeles, buzz around new designs and creators is at a high. People are reflecting on what ensembles graced the catwalk and studying which ones garnered a nod from Anna Wintour. If you sadly didn’t receive an invite to a show, never fear, because the looks are certainly gracing the internet.
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Meredith Wickenheiser
Trademarks

The Trademark Tales of San Diego Comic-Con

$160 million in revenue. 167,000 attendees. 1,000+ exhibitors and panels. One location.

These are just some of the statistics of the San Diego Comic Convention, the world’s most well-known comic book and pop culture convention, over the past decade. This convention also goes by several names, including Comic-Con International: San Diego, San Diego Comic-Con, and SDCC.

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Ashton Yeh