Cat Got Your Trademark

We’re all used to seeing the big Caterpillar industrial machines featuring the word CAT. The CAT mark has been easily recognizable at any construction site throughout America for decades. Because of the brand’s popularity, Caterpillar expanded its use of the CAT mark to include apparel, headwear, bags, and other accessories. Caterpillar sells its clothing through its website and prominent retailers such as Amazon, JCPenney, and Sears. Its products have been featured on national television programs, newspaper and magazine articles, online publications, and fashion and lifestyle publications. However, CAT may have some competition.

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Even a Former President Can Get into Hot Water With the USPTO

Donald Trump, a divisive figure in our current political climate, has faced a massive setback with his new social media network “Truth Social.” On August 2nd, the United States Patent and Trademark Office (“USPTO”)  denied Trump’s application to federally register (which grants federal protection of the trademark) the network’s name as a trademark. This is one of many setbacks that the former President has faced since leaving office. This relatively minor setback could potentially cause major re-branding issues for Truth Social further down the line if his appeal is unsuccessful. If Trump continues using the mark, he may be sued and will eventually have to change the name of his social media network or incur major legal fees.

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THE Trademark: How Ohio State University Got a Trademark on the Word “The”

The Ohio State University.” If you’re an avid watcher of NFL football like myself, you’ve heard former Ohio State football players utter that phrase in their pre-recorded introductions on NBC’s broadcasts of the games. So many Ohio State alums, both football players and non-football players alike, love identifying their school in that fashion.

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Tom Brady: The Greatest of All Time (at Trademarks)?

In March 2022, the greatest NFL quarterback of all time, Tom Brady, announced the end of his short-lived “retirement” and would be pursuing new business endeavors. Almost immediately, I saw ads on my Instagram feed for his new athletic clothing line called “BRADY”. What intrigued me the most was not the price of over $100 for a sweatshirt, but the superscript “TM” in the brand’s logo. As a student interested in intellectual property, this made me curious – what else has Brady trademarked?

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AI and IP: Bananas, Bots, and Brains

As technology develops, the growing presence of Artificial Intelligence (AI) within our lives becomes more prominent. AI predicts what we want to watch on TV, what food we want to eat, and what we want to type. The predictive abilities of AI have begun to even encroach upon the creative space. The use of AI as a tool in arts and science is not new, however. Scientists have used the residual processing power from video game consoles to assist AI in processing models for the potential folded structures of proteins. What is new however is the use of AI to create a new product with little human input entirely.

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The Benefits (and Difficulties) In Protecting Trade Secrets in a Digital Age

When most law students think of protecting an invention or technology, they immediately jump to patents, which is a type of IP granted by the government to protect inventions. However, trade secrets are also a type of intellectual property that can protect technology. And, trade secrets can sometimes be more useful – and valuable – than patents. As we will see, companies are increasingly turning to trade secrets as a means of protecting their intellectual property. Some of the biggest IP litigation cases in recent years have involved trade secrets. Almost every company uses trade secrets to protect information. A downside to trade secrets however, is that they are sometimes difficult to protect. Continue reading “The Benefits (and Difficulties) In Protecting Trade Secrets in a Digital Age”

Knowing Your Audience: The Importance of Venue in Patent Litigation

As a summer associate working in patent litigation, I kept seeing the same judge’s name in the same district court. At first, I had no idea why this was the case. However, I’ve since learned how important venue is in patent litigation.

Selecting the right venue is crucial in patent litigation cases, because where a case is filed can impact its likelihood of success. So, what exactly is venue? And why is it so important to patent litigation? Allow me explain.

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Battle of the Band Names: Trademark Disputes Between Band Members

A good band name is an incredibly valuable commodity. Pearl Jam might not be one of the most enduring rock bands of all time had they kept their original plan of being named after a disgraced former NBA player, or one. An audience may not recognize individual band members, but when they perform under one famous name, fans flock to support the group.

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