WeWork is Expanding its Current Family of Marks

WeWork announced that a rebrand will follow the latest investment by Soft Bank in the company. Following the investment, WeWork will change its name to THE WE COMPANY. In a blog post, the company said: “The We Company’s guiding mission will be to elevate the world’s consciousness. Living a conscious life means choosing to live …

Acronym, Nickname & Abbreviation Rebrands Top 2018 Worst List

AdAge ended 2018 with its list of the worst rebrands of 2018. The unremarkable list included: XANDER – short for Alexander Graham Bell – AT&T’s advertising unit DUNKIN’ – abbreviation of DUNKIN’ DONUTS FIG – abbreviation of FIGLIULO & PARTNERS CAPRI HOLDINGS – new name for Michael Kors Holdings M/H VCCP – acronym for agency …

Petition Started Over Disney’s HAKUNA MATATA Trademark

Using a foreign word in the United States as a trademark is a common naming practice. Sometimes, the foreign word possesses a cache that its English counterpart does not. Depending on the word, this practice can have some negative consequences. In August of 2018, we saw the outrage from Hawaii when a Chicago-based restaurant chain …

Branding Cooperation Key for a Successful Franchise

A franchise relationship is a trademark license relationship that has crossed the control line into turn-key business. A franchise relationship exists when: (1) there is a trademark license; (2) a fee; and (3) the trademark owner provides significant control over the operation of the business. This control element exceeds the quality control requirement of a …

Interworking of the Similarity of the Marks Factor

A recent Trademark Trial and Appeal Board decision is a good example of how the similarity of the marks, relatedness of the goods or services, and strength factors work together. Tai Fook Jewellery Company Limited sought to register the mark T MARK (in standard characters) for, among other goods, jewelry. The Trademark Office refused registration …

Using Sans-Serif Font Makes a Bland not a Brand

A recent Fast Company article identified displaying a trademark in sans-serif font as the hottest branding trend in 2018. If you were part of this trend, the article labeled your trademark a bland not a brand. According to the article, blanding occurs when the trademark lacks any meaningful differentiation from its competitors. Even a coined …

Rare Loss for Plaintiff in Alcoholic Beverages TTAB Case

Breweries, distilleries, and wineries that are defendants in Trademark Trial and Appeal Board cases have not fared well this year. More often than not, alcoholic beverage defendants foolishly cling to overly broad goods descriptions that ultimately prove to be their downfall. The scene was set for another plaintiff victory in a recent TTAB case, but …

Assessing Trademark Strength at the Search Stage is Critical

Trademark strength is an extremely important likelihood of confusion factor even if it is not generally a dispositive factor like the similarity of the marks or relatedness of the good or services factors. When the trademark strength of a particular term used in connection with certain goods or services is improperly assessed it generally leads …