Two of the biggest brands in the fitness industry went head-to-head recently in a lawsuit for trademark infringement, which means one company is using some form of a trademark that another company believes is too similar to their own. Peloton has sued Lululemon over trade dress, which is a type of trademark that encompasses product design or product packaging.
Brief History of the Parties
Peloton is known for its high-end, at-home workout machines and classes, and has sued to protect its athletic wear line from trademark infringement. At number 1, Lululemon Athletica is the most popular activewear brand of 2022. To understand the sheer size and popularity of Lululemon compared to Peloton, when it comes to clothing, Peloton does not even appear in the top 15 most popular brands of 2022, according to USA today.
Continue reading “A Trademark War in the Athletic Arena”
… Ready for It?
Nine Studio Albums. Five Tours. Two Re-Recordings. One Massive Fanbase. We know all too well that Taylor Swift is the pinnacle of success for the music industry. Spanning multiple genres from country to pop and even some folk(lore), Taylor Swift has accomplished a lot in her first 32 years of life. But what’s gotten her to this level of recognition?
Some say it’s her songs. Some say it’s her stage presence. Others say it’s her re-recordings. Taylor Swift says it could be her songs, “with a catchy hook and an intensely cathartic bridge section.” Call it what you want, I say her level of recognition comes from her fearless team of lawyers registering her trademarks.
Continue reading “Look What You Made Me Blog”
Have you heard of NFTs, or non-fungible tokens? In recent years, NFTs and their associated intellectual property rights are increasingly embroiled in legal battles. One such example is Nike v. StockX, a NFT trademark case filed in the U.S. District Court for the Southern District of New York. This case demonstrates that fashion brands like Nike are willing to battle in the courtroom for intellectual property rights in NFTs.
Continue reading “Nike v. StockX: “Running” to NFTs”
Popularity is inherently a good thing for brands. You want everyone to know the name of your product, right? What if too much popularity was a bad thing? As it turns out, too much popularity can kill your trademark rights, in a process called genericide.
Continue reading “Deliberate? Unlawful? Trademark Death by Genericide”
Everyone knows her. Some dislike her. Ultimately, she’s one of the wealthiest women in the world. She has her hands in everything from entertainment, to clothing, to gaming. She is even currently studying to be a lawyer. Kim Kardashian seems like she may have it all, but her latest business venture may not be what she was hoping for.
Continue reading “Kim Kardashian’s Latest Line Is Causing Trademark Trouble”
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.
Continue reading “Cat Got Your Trademark”
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.
Continue reading “Even a Former President Can Get into Hot Water With the USPTO”
“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.
Continue reading “THE Trademark: How Ohio State University Got a Trademark on the Word “The””
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.
Continue reading “Battle of the Band Names: Trademark Disputes Between Band Members”
Every kid in the world at some point in their lives has probably dreamt of inventing something or creating a brand–and making millions off their creative genius. I know I have. While I regret to inform you that I am neither a millionaire nor the next Steve Jobs (yet!), I’ve dabbled in many areas of intellectual property, which ultimately led me down the path to IP law. Continue reading “My Creative Journey Towards IP Law”