Tag: Trademarks

Trademarks

Very Demure, Very Mindful, Very Trademarkable? Can TikTok Catchphrases be Trademarked?

The rise of social media has presented challenges to trademark law, as it has blurred the lines between creative expression and brand identity used in commerce. Social media platforms like TikTok have fundamentally changed how entertainment is produced, consumed, and monetized. Social media provides an entertainment platform that allows for entertainment from user to user instead of from an entertainment company to a viewer. TikTok is particularly known for its popular trends and quick fame achieved through its short-form content. Many creators on this platform become known through catchphrases, witty one-liners, and nicknames. These phrases have potential to generate significant value through increased followings, brand deals, merchandise, and online advertising. This raises the question of  whether a TikTok catchphrase or nickname can be a valid trademark. If so, does the creator who popularized it through the app have rights to the mark?

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Emma Welch
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

Tracks to Trademarks

Better read fast because as Ricky Bobby once said, ‘If you ain’t first, you’re last.’

If you breathed the same air as me this summer, you probably know I became a huge NASCAR fan. After hearing the first car roar on Michigan Avenue (even before walking into the Chicago Street Race), NASCAR earned my allegiance. So lucky you, you get to read about it too, haha! However, this time, with a recently acquired trademark lens.
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Iris Gomez
Trademarks

Harry’s Style: Trademark Infringement Against Counterfeit Sellers

Harry Styles might be the world’s biggest pop star. Styles began his musical career in 2010 as a member of the band One Direction, and he is now one of the most popular solo artists in the world. At February’s GRAMMY Awards, Styles’s “Harry’s House” won Album Of The Year, arguably the most significant award at the show. Styles is known not only for his … Continue reading Harry’s Style: Trademark Infringement Against Counterfeit Sellers

Landon Wilneff
Trademarks

A Record Store Versus a Boy Band: My Experience on Loyola’s IP Moot Court Team

Even before starting law school at Loyola, I knew that I wanted to practice intellectual property (IP) law. IP law involves both transactional law and litigation. While transactional law focuses on the creation and review of documents and contracts, litigation focuses on resolving disputes, often in a courtroom setting. While I have always been interested in IP transactional law, I also saw the value of understanding litigation. Understanding litigation can be key to a lawyer’s transactional practice. A transactional lawyer can learn how to better draft documents and contracts so that a dispute (hopefully!) never arises and litigation is not needed. Continue reading “A Record Store Versus a Boy Band: My Experience on Loyola’s IP Moot Court Team”

Kristen Salas Mationg
Trademarks

A Trademark War in the Athletic Arena

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.
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Isabella Field
test 1
Trademarks

Look What You Made Me Blog

… Ready for It?

Ten 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?

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Ashton Duke
Trademarks

Nike v. StockX: “Running” to NFTs

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.

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Landon Wilneff