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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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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Battle of Breweries – Trademark Style

One might think that if a company is well established, its intellectual property would be de facto protected. But that is not the case. Two of America’s most iconic companies, easily recognizable and hard to confuse, are currently in a battle over trademarks. These two companies are none other than Anheuser-Busch and Yuengling, two of America’s oldest breweries. Yuengling was founded in 1829 in Pottsville, Pennsylvania, Anheuser-Busch, on the other hand was founded in the late 1850s, in St. Louis, Missouri.  But recently these two giants of the industry have been warring over trademark rights. Continue reading “Battle of Breweries – Trademark Style”

Devil Shoes and Trademark Blues

Now, I wouldn’t call myself a sneakerhead by any definition of the phrase, but certain shoes will forever pique my interest. The classic Jordan 1 silhouette has captivated me since I saw Space Jam as a kid and became entranced with the MJ legend. For decades after that seed of appreciation was planted in my head as a child, I never thought twice about sneaker style. I was more of a chukka guy, to be honest.

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Making Her (Trade)mark: Professor Patricia Lee’s Work in Trademarks

Companies have all kinds of intellectual property (IP), including trademarks, but just how important is that IP to a company? As a business attorney for nearly 40 years, Professor Patricia Lee of Loyola can tell you that trademarks and other forms of IP are hugely important and becoming more important every day.

As the director of the Loyola Business Law Clinic, Prof. Lee and her students find that trademark and other IP issues are a natural part of assisting and counseling the clinic’s clients. “Trademarks are very important to business startups and non-profit organizations,” said Prof. Lee.

So, where is Prof. Lee from and how did she get into business?

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Getting A RISE Out of PepsiCo

While big companies may have dozens of trademarks, smaller and lesser-known companies can also have valid trademarks, as long as they satisfy the trademark criteria.

Can a large company infringe a smaller company’s mark? Yes! This is sometimes referred to as “reverse confusion,” where the small company is the first user and the large company is the later user. But, there can still be confusion among consumers. The larger company may use its money and resources (like ads) to infiltrate the smaller company’s market with a similar mark on similar goods or services.

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