Life is Good Learned the Hard Way that Font Style Matters

The goal of every trademark applicant should be to secure the broadest scope of rights possible. One way to achieve this is to rely on the standard character form drawing when filing a trademark application instead of the particular font style used for the literal portion of the mark. We talked about the standard character …

The Signals Given by a Trademark Disclaimer

A trademark disclaimer is  something commonly made by trademark applicants, and they send important signals to trademark searchers. The John M. Fickewirth Associates Insurance Services case is a good example of the consequences trademark owners face when they voluntarily disclaim matter from their trademark applications. Optimum Group Inc. registered the mark OPTIMUM for “underwriting, brokerage …

Consumers Likely to Confuse FREESTYLE Pillows and Comforters

The Trademark Trial and Appeal Board recently affirmed the Trademark Office’s decision that consumers are likely to confuse the mark FREESTYLE for “comforters, namely, comforters and comforter sets and comforter sets sold in a bag” with a prior registration for the identical mark FREESTYLE for “pillows.” This decision should not shock anyone. Comforters and pillows …

Fictional Country WAKANDA Inspiring Trademark Application Filings

Marvel Characters, Inc.’s Black Panther move was released on February 16, 2018 and received rave reviewed. In fact, the Tomatometer for the movie is an incredible 97%. By all accounts, the Black Panther movie was successful. Marvel created a fictional country for its Black Panther movie that plays an important role in the film. Wakanda is …

Legion of Good Will Loses Appeal Because of Prior GOODWILL Marks

Legion of Good Will d/b/a LGW is a charitable organization dedicated to providing educational and social assistance programs for economically disadvantaged communities. It was formed in 1986 and has been helping people ever since. In 2016, Legion of Good Will filed three trademark applications:  (1) LBV PEACE ON EARTH TO THE PEOPLE OF GOOD WILL …

Using a Trademark Search Engine for an International Trademark Search

Search the Internet for “trademark search” and you will find several listings advertising a trademark search engine that will conduct an international trademark search. That advertising claim sounds appealing because most companies are doing business in more than one country. So to be able to conduct an international trademark search with the click of a …

Pillow Pods’ Counterclaim Against Pillow Paws: Right Idea, Wrong Proposal

DML Marketing Group successfully registered the mark PILLOW PODS in standard characters for “socks” on February 26, 2013. DML Marketing Group is also the owner of a registration for the mark PILLOW SOLE also for “socks.” This registration issued on December 30, 2008 (spoiler alert, what are the odds that DML Marketing Group renews this …

Consumers Likely to Confuse MASTERMIND Beer with MASTERMIND Vodka

The craft beer and spirits markets continue to grow at an astonishing rate. According to a Bloomberg article, there are eight times as many breweries in the U.S. as there were a decade ago, and seven times as many distilleries. This rapid growth is leading to the problem the Trademark Trial and Appeal Board recently …

Legal Demand Letter From Aloha Poke Co. Creates Outrage in Hawaii

Aloha Poke Co. is a Chicago based restaurant chain with 6 locations in California, Colorado, Minnesota, Wisconsin, Washington DC, and Illinois. The company claims to have used its ALOHA POKE mark since 2016 and obtained a federal trademark registration for its mark in 2017. Things seemed to be going pretty well for the young company …