Brand is Not Just a Marketing Expense, It’s a Company Opportunity

Brand is commonly thought of as the marketing department’s responsibility. And if the marketing expense is high, that should translate into a high brand valuation. But brand is not just a marketing responsibility. Truly Inc. published a podcast with Tracy Chong – co-founder of Strata Insights – about a brand method she helped create called …

Lessons from Trademark Litigation Over PATAGONIA for Beer

The Patagonia clothing company commenced trademark litigation with AB InBev over what has been characterized as its “launch” of a new beer brand PATAGONIA in Colorado. Although, this characterization is not accurate. Nevertheless, on its face, the Patagonia clothing company should have a real concern with AB InBev’s PATAGONIA beer brand. AB InBev is BIG …

Trademark Dispute Driven By Emotions Not Necessarily Fact

About a month ago, Mark Bittman – a cookbook author and former New York Times columnist – announced the launch of his new online food publication called SALTY. His publication would cover the world of food with an eye for politics and inequality, in addition to recipes and personal essays. Unfortunately for Mr. Bittman, another …

Trump Takes Aim at Counterfeit and Pirated Goods

The counterfeit goods market is a global problem and President Trump recently issued a memoranda taking aim at it. The memoranda states that it is the policy of the Trump Administration to protect American businesses, intellectual property rights holders, and consumers from counterfeit and pirated goods, including those imported through online third-party marketplaces and other …

The Chilling Effect Trademark Bullying Can Have on Speech

The National Collegiate Athletic Association has and continues to aggressively enforce its trademark rights in the MARCH MADNESS trademark. In fact, its reputation for trademark enforcement is so well known that the KFANN sports radio station in Minneapolis, MN will not use the entire phrase MARCH MADNESS in an advertising spot for a local restaurant …

Bicycles and Snack Bars Related Because Some Retailers Sell Both

Most bicycle manufacturers do not make bicycles and snack foods. In fact, in a recent Trademark Trial and Appeal Board decision there was no evidence presented of a bicycle manufacturer also owning a federal trademark registration for the same mark in connection with any type of snack food. Nevertheless, the Trademark Trial and Appeal Board …

Consumers Likely to Confuse Coffee and Energy Drinks

In a second case this year the Trademark Trial and Appeal Board looked beyond the identifications of goods descriptions to determine whether two goods were related. David John Critchley registered the mark KICK ASS (in standard characters) for, among other goods, energy drinks. Kicking Horse Coffee Co. Ltd. petitioned to cancel Mr. Critchley’s registration based …

Evidentiary Mistakes Haunt NABOSO Application

Naboso Technology, LLC filed a trademark application to register the mark NABOSO (in standard characters) for “orthotics for feet,” rubber flooring, and “yoga mats.” Naboso Technology identified in its application that the English translation of NABOSO is BAREFOOT. The Trademark Office refused registration of Naboso Technology’s mark on the ground that it was likely to …