PopSockets Tries to Convert Bona Fide Sellers Into Counterfeiters

In an interview for Vox, David Barnett – the founder of PopSockets – said that he saw the first counterfeit product in about 2016. In 2017 and 2018 he claims to have been Amazon’s best takedown customer because his company was taking down 1,000 – 2,000 listings every day from marketplaces around the world. PopSockets …

Trademark Strength is the Most Misapplied Factor

The two most talked about likelihood of confusion factors are the: (1) similarity of the marks; and (2) relatedness of the goods or services. While these factors possess their own intricacies, trademark applicants seem to misapply the trademark strength factor the most. The misapplication of this factor then leads trademark applicants to make poor filing …

Video Conferencing is a Related Service to E-mail

The Trademark Trial and Appeal Board relied on evidence in the real world marketplace to conclude that video conferencing is a related service to the electronic transition of messages like e-mail. This decision is a good reminder that intuition about whether certain goods or services are related can lead to wrong decisions. InFocus Corporation filed …

No Brand Extension When Giving Branded Clothing to Employees

Companies give branded clothing items to their employees to wear during the performance of their job. Make the branded clothing stylish enough and the employee may just wear it out socially as well. Brand extensions are helpful to increasing the conceptual strength of the mark, so being able to extend a brand to clothing or …

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 …