Secondary Meaning – Zatarain’s v. Oak Grove Smokehouse Secondary Meaning – Terms that are merely descriptive are not usually protectable under the Lanham Act as trademarks. For example, one could not get a trademark on the term “FRIED CHICKEN” – because the term simply describes an entire class of product.  If that was the end...Read More

Trademark Trial Appeal Board & Infringement Lawsuits Trademark Trial Appeal Board (TTAB) – In B&B Hardware v. Hargis Industries the United States Court of Appeals for the Eighth Circuit ruled on a contentious case of trademark infringement litigation that had been going on for over fifteen years.  One of the central issues was the very, very interesting...Read More

Three Intellectual Property Protections – Navigating Different IP Protections Three Intellectual Property Protections – You now have a business and with it, a whole lot of ideas on how to brand it, market it, and make big waves in the industry. But how do you navigate the different types of intellectual property regimes to go...Read More

Genericide: How Success May Cancel A Trademark Genericide Discussion – What do the terms “Thermos,” “Aspirin,” and “Yo-Yo” have in common?  They are all very successful products that have actually lost their trademark protection under the Lanham Act due to a doctrine known as Genericide.  In general, when accused of trademark infringement, one of the common defenses...Read More

Voluntary Cessation and Loss of Standing Voluntary Cessation Case – Competitors should not be able to use trademark lawsuits as offensive weapons.  This was the clear message issued by Justice Roberts for a unanimous Supreme Court in the case of Already LLC v. Nike Inc. In the case, also covered by Reuters, Nike sued Already (DBA Yum) for...Read More

Gucci America Inc v. Guess Inc – When Imitation Exceeds Flattery Imitation is the sincerest form of flattery.  Good artists borrow; great artists steal.  Nowhere are these old adages more apt than the hidden focus groups and team meetings of the fashion industry.  What’s trendy this season is often only good for the clearance rack...Read More

Trade Dress Rights – Beyond Words & Logos Trade Dress Rights – Trade dress is a form of intellectual property. Trade dress is the visual element or aesthetics of a product or its packaging. Trade dress can be the visual appearance of a product or packaging that signify the entity behind the product to consumers....Read More

Supplemental Register & Descriptive Mark Supplemental Register & Your Descriptive Mark – The U.S. Patent and Trademark Office (USPTO) is aware that not every business owner or organization is going to seek to employ fanciful marks like “Kleenex.” More likely than not, marks are going to be considered descriptive with words that describe an ingredient,...Read More

Degree of Protection & Spectrum of Distinctiveness Degree of Protection & Spectrum of Distinctiveness – So, you’ve got a mark in mind that you want to register, what do you do next? Find a trademark attorney, but before you do that, it’s important to understand how much protection your mark may receive or if it...Read More

Federal Trademark Registration Benefits Trademark Registration Benefits – These days, it seems like everyone’s on the trademark registration train, but some might not even know why there are trademark registration benefits and how important those benefits are. Those folks who aren’t on the train question whether they should be on it. For owners of small...Read More