I’m always on the lookout for news about Creedence, particularly those having to do with leads on who broke into Jeffrey “The Dude” Lebowski’s car and stole his tapes, tape deck, and briefcase. Sadly, the LAPD has no update on that case, but there is a band name trademark dispute to discuss. Lead singer and songwriter John Fogerty is being sued by his former Creedence Clearwater Revival bandmates. If you’re thinking, “Huh, wasn’t there a lawsuit about that years ago?,” you’re right. And now they’re at it again.
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Archives: Trademarks
Trademark Dispute: Walt Disney’s Cinderella v. Zombie Cinderella
December 9, 2014
The record shows that a “zombie” is a “human … who is held to have died and been supernaturally reanimated.” You know it’s a good day when you come across that sentence in a legal document. What caused the United States Patent Office’s Trademark Trial and Appeal Board to take notice of that fact? Read on to find out about the case of Walt Disney’s Cinderella v. Zombie Cinderella. Kindly step all the way in please and make room for everyone. There’s no turning back now.
Craft Beer Trademarks: Beer vs. Wine
December 2, 2014
If you encounter a wine and a beer with the same brand name, would you assume that they came from the same company? Would you think your favorite winery had expanded into the beer market, or your favorite brewer had begun bottling wine as well? This is the essence of a longstanding issue in trademark law. The US Patent and Trademark Office (USPTO) tends not to allow a trademark application for beer to proceed if the same or a similar mark is registered for wine, and vice versa. Does this really make sense? And what can be done about it?
Can a Toothbrush be a Product Design Trademark?
November 18, 2014
In theory, anything that identifies the source of a product or service can be a trademark. This includes not just words and logos, but colors, sounds, and packaging (which falls under the related category of trade dress.) What about a product design trademark? Philips recently tested the boundaries of this issue with a US Patent and Trademark Office (USPTO) application to register the base assembly of an electric toothbrush as a trademark.
