Category: Trademarks

Fun Facts, Trademarks

Trademark Trivia: Sports Edition!

Which of the following is NOT a federally registered trademark?

  1. “Taco Tuesday,” as in LeBron James’s social media celebrations of eating tacos on Tuesdays
  2. “Three-peat,” as in winning three consecutive championships
  3. Blue athletic turf, as in Boise State’s famous blue and orange football field
  4. “Fear the Brow,” as in NBA star Anthony Davis’s very distinct unibrow Continue reading “Trademark Trivia: Sports Edition!”

Which of the following is NOT a federally registered trademark?

  1. “Taco Tuesday,” as in LeBron James’s social media celebrations of eating tacos on Tuesdays
  2. “Three-peat,” as in winning three consecutive championships
  3. Blue athletic turf, as in Boise State’s famous blue and orange football field
  4. “Fear the Brow,” as in NBA star Anthony Davis’s very distinct unibrow Continue reading “Trademark Trivia: Sports Edition!”
Maggie DePoy
Trademarks

Justice for Social Movement Trademarks

Thousands of people have taken to the streets, amid the COVID-19 pandemic, to demand justice and equal treatment for Black Americans after the murder of George Floyd. Throughout these protests, the slogan “Black Lives Matter” is often used by those condemning the treatment of Black Americans at the hands of police officers around the country. Is this phrase a trademark, and if it is, who owns it? Do trademark principles allow the Black Lives Matter Foundation, an entity associated with the movement, to have a trademark in phrases such as “Black Lives Matter” so that they can prevent other entities from commercially profiting from using it?

Let’s start by discussing some trademark principles.

Continue reading “Justice for Social Movement Trademarks”

Lily Liermann
Fun Facts, Trademarks

Do Trademarks Trump Public Health?

The answer to this question might seem obvious that public health—­and especially protecting the public from the coronavirus pandemic—should always take precedent. But, a recent dispute before the U.S. District Court for the Northern District of Illinois highlights a conflict that judges likely did not contemplate when entering General Orders to protect public health.

Continue reading “Do Trademarks Trump Public Health?”

Erica Achepo
Trademarks

THE Ohio State University and THAT Trademark Application

I will never forget the first time I heard it. It was in an information session hosted by my high school’s college counseling department. The college counselor was talking about finding the “right school for you” by evaluating criteria like school size and location. He suggested, for example, if we liked the big, midwestern feeling of the University of Michigan campus, that we also consider visiting the University of Iowa or Ohio State University. And then it happened. He stopped, and with a wry smile said, “oh I’m sorry, THE Ohio State University.” I didn’t end up attending OSU, as I chose the University of Wisconsin instead, but that memory resurfaced this summer after it was announced that OSU had decided to attempt to trademark the word “the.”

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Elise Fester
Fun Facts, Trademarks

A Tale of Two Donut Shops: “Dunking” Into Trademark Troubles

IP Here, IP There…IP Everywhere   

IP is everywhere and affects everyone.  This principle was reinforced when I took Intellectual Property Law with Professor Ho during the Fall 2018 semester.  We regularly had examples in class regarding the many ways IP intersects with everyday life, even including a copyright infringement case involving Kanye West.  There were more examples at the end of the semester when students presented real and/or realistic applications of IP law.  I especially enjoyed working on my final presentation with Jessica Fenton involving a local mom-and-pop donut shop called “Dunk Donuts.”  If you’re thinking that sounds like Dunkin’ Donuts, so were we—and wondering whether this Oak Park donut shop might be liable to the national donut chain.

Continue reading “A Tale of Two Donut Shops: “Dunking” Into Trademark Troubles”

Carrie Park
Fun Facts, Trademarks

“Big Mac” Trademark Gets Burned In Europe

Chicago-based, fast-food powerhouse McDonald’s has locations in over 100 countries.  Accordingly, it is difficult nowadays to find people in the world that are not familiar with the Big Mac, a McDonald’s staple since 1967.  Regardless of which language a McDonald’s menu is displayed, consumers relate the word “Big Mac” to the burger’s signature structure: two all-beef patties, “special sauce,” American cheese, lettuce, pickles, and onion, all served in a three-part sesame seed bun.

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Michael Sanko