A group of performance artists from Baltimore known as “FORCE: Upsetting Rape Culture” took advantage of a much anticipated media event to bring attention to the importance of consensual sex. The VS All Access Victoria’s Secret fashion show is an such an event, gluing billions of eyeballs to its prime time telecast. For FORCE, the (...) [Read More]
Category Archives: Trademarks
Mexico becomes third Latin American country to join the Madrid trademark filing system
December 4, 2012
In June I posted about Columbia’s accession to the Madrid Protocol and noted that Mexico was taking steps to follow suit. Late last month Mexico’s Secretary of Economy deposited documents completing the country’s accession to the Madrid Protocol for the International Registration of Marks with the World Intellectual Property Organization, bringing to 89 the total (...) [Read More]
Can a celebrity’s post mortem right of publicity enter the public domain?
August 22, 2012
Banking on a dead celebrity’s right of publicity being public domain is an extremely dangerous advertising practice. Rights of publicity are a suite of legal rights that have developed from invasion of privacy and trademark law since the early 20th Century. There is a web of state and federal laws that can protect dead celebrities– even celebrities from (...) [Read More]
Turning Lemons into Lemonade: How one Trademark Owner Protected its IP and Avoided being Branded a Troll
July 31, 2012
That old saying seldom rings more true than it does with the recent cease and desist letter sent out by Jack Daniel’s. It seems that Patrick Wensink, an author, used a cover for his book that was quite similar to the trademarked label of Jack Daniel’s. Rather than send him a scalding and legalistic attack letter, (...) [Read More]
“Don’t be a Clown Bro,” Heavy hitters weigh in on protection of pro athlete catch phrases
July 10, 2012
Can professional athletes’ get exclusive rights to catch phrases like “DON’T BE A CLOWN BRO,”? OberIPwatch’s Scott Johnson says that if catch phrase is is associated with the athlete, a catch phrase can become part of the athlete’s persona. Johnson was quoted in Sunday’s Maryland Daily Record article by Matt Owings: “…their persona is a brand,” Johnson said. “I don’t (...) [Read More]
Trademark protection under the Madrid Protocol gains a foothold in South America
June 19, 2012
Last year I posted about how even small and midsized companies can use the Madrid system to extend protection of their U.S. trademark registrations overseas. To recap, the Madrid System allows trademark owners to file a single application seeking an International Registration with the World Intellectual Property Organization (“WIPO”) and then enables registrants to designate (...) [Read More]
WWW.[YOUR NAME HERE]
June 14, 2012
On the heels of the new .XXX top level domain (TDL) that recently began providing internet addresses for adult oriented websites (for a fee), ICANN (the non-profit organization that controls the Internet addressing scheme) released a list of additional applicants for other new top level domains. ICANN voted to begin allowing customized TLD’s in June (...) [Read More]
Jamaica USA, Mon! Seacrets Wins Trademark Infringement, Injunction Against Coryn Group
May 1, 2012
With summer around the corner, it is only natural that our thoughts and attention start to shift to the shore. If you are from Mid-Atlantic, you are likely familiar with Seacrets (http://seacrets.com/), one of Ocean City, Maryland’s premiere entertainment destinations. Seacrets, which has nicknamed itself “Jamaica, USA”, started in 1988 as a single cabana type (...) [Read More]
Descriptive trademarks are a pain in the…
April 18, 2012
…neck to police. Just ask Chipotle Mexican Grill which is receiving some mild ridicule from numerous trademark blogs for its recent suit against Kroger supermarkets. Chipotle Mexican Grill accuses Kroger of trying to profit from and trade off of the goodwill that the restaurant chain has developed in its brand by selling ready-to-eat chicken entrees (...) [Read More]
Would you Support SOPA to Help the Ravens target Chinese Companies selling Counterfeit NFL Merchandise?
January 12, 2012
Baltimore Sun technology guru Gus Sentementes reports that the NFL Ravens are pushing to shut down websites in China selling knock-off Ravens gear as the team prepares to face and hopefully shut down Houston in the play-offs this weekend. Sentementes’ article mentions that the NFL supports SOPA (the House bill to stop online piracy). This (...) [Read More]
