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Holiday Trademarks: Winter Edition Part 1

Following in the tradition of my post on Thanksgiving trademarks, I’m going to use the next couple of posts to provide a little bit of info about trademarks related to the Winter holidays. Don’t worry, I’ll be sure to get back to the more complicated legal mumbo-jumbo in a few short weeks. For now… As my faithful readers know, you generally need permission to register someone’s name as a trademark. However, in 2000, the US Government made a statement (through the US Patent and Trademark Office) that they do not believe Santa Claus is real, so it was unnecessary for…

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Skullcandy v. Skelanimals

Skullcandy, Inc., a company that makes clothing, accessories, and jewelry, and specializes in headphones, has filed a lawsuit in Federal Court against Skelanimals, LLC for trademark infringement.  Both companies use a black and white skull in their branding. Skelanimals is a line of products based on “adorable little animals who have met an untimely end, mostly due to their own reckless and ill-advised behavior,” according to the company’s website. Their marks appear on clothing, plush toys, backpacks, and alarm clocks, along with other products. Skullcandy has used its trademark since 2003, while Skelanimals has been around since 2008. What were…

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Holiday Trademarks: Thanksgiving

I’d like to wish all of my readers in the U.S. a very happy Thanksgiving. My gift to you – I know we don’t give gifts on Thanksgiving, but I’m feeling generous – is a break from some of the topics I’ve been covering. Instead, please enjoy this list of trademarks related to, or inspired in some way by, the holiday. If you can think of any others, please feel free to jump in.

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In October 2011, the State of California filed its first lawsuit against 3 companies for “greenwashing” their plastic bottles. Enso Plastics LLC, who makes the bottles, and AquaMantra Inc and Balance Water Co., who use the bottles to sell their drinks, all claimed the bottles were biodegradable without any evidence to back up their claim. The companies claim they have added a microbial additive that make the bottles biodegradable and recycle and will break down in less than five years in a landfill. However, California law prohibits labeling food and drink plastic containers as biodegradable on the grounds that plastic…

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