Applebee’s, the restaurant chain, has filed an application with the US Patent and Trademark Office (USPTO) to protect the phrase NO TECH TUESDAYS as a trademark. The application applies to the following services (beware – trademark law involves a lot of capital letters): RESTAURANT AND BAR SERVICES, INCLUDING RESTAURANT CARRYOUT SERVICES. But has Applebee’s damaged its chances at a trademark registration with statements made about the application to the press?
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Archives: Business Law
Craft Beer Trademark Battle: Full Sail Session
July 15, 2014
Welcome to another in my ongoing series of posts on craft beer trademark battles. This one is a little different from the rest. Hood River, Oregon’s Full Sail Brewing is best known for its Session Lager, which, according to their website, “comes in a stubby, 11-oz bottle like your grandpa used to buy.” Well, not my grandfather, maybe yours. Full Sail recently filed a complaint for trademark infringement and dilution against Georgia-based The Sessions Law Firm, LLC (we’ll call them “Sessions Law”). What does a brewery have to do with a law firm?
Music Copyright Issue: Can a Restaurant Owner be Personally Liable for Playing Unlicensed Music?
June 17, 2014
Recently, I was watching a hockey game on TV with some friends. During the breaks in the action, the old familiar Jock Jams were playing on the arena’s speakers. One of the folks in the room asked whether they have to pay to use those recordings. Yes, they do: it’s a public performance, subject to the restrictions found in the Copyright Act. The same applies to other public venues, such as restaurants and bars. Naturally, the restaurant owners aren’t out there asking the Beatles for their OK to play “Hey Jude” during dinner service. Instead, the rights are administered by…
Trademark Abandonment: Android v. Android
June 3, 2014
How long do trademarks last? They can last forever, in theory. Bass beer’s distinctive red triangle label was the UK’s first registered trademark back in 1876. It is UK trademark registration Number 00000000001. However, trademark rights disappear if they’re not in continuous use. Use it or lose it. Loss of rights in a trademark is referred to as “abandonment.” I’ve written about trademark abandonment before, but a recent high-profile case involving Google’s Android mark has brought the issue to the public’s attention yet again.
