Bales & Bales, PA

11/07/2024

🇺🇸 It happened. Donald John Trump has just been re-elected as the 47th President of the United States, making history as the second person ever to be elect...

11/05/2019

I always ask small business owners if they have trademarked their business name. This is a perfect example of how owning your intellectual property will protect your company even if you are a small "mom and pop" store such as the family-owned clothing store in this story. Securing your intellectual property is one of the most important and cost-effective steps that you can take to protect your business and should be a priority in your business plan.

Bentley Motors, has lost a trademark infringement dispute with a small, family-run clothing company.

03/25/2019

There has been much buzz about Cardi B's application for the trademark OKURR and whether she will receive the trademark for the sale of clothing. Although many are jumping to the conclusion that she will not receive her mark based on the fact that it has been commonly used in certain demographics, it's not necessarily correct. Currently, there are existing registered trademarks using the term OKAY and OKUR in separate categories (not for the sale of clothing). The analysis is whether the term is perceived by the relevant public to be associated with Cardi B's merchandise.
Cardi B is not the first to file for the trademark OKURR. An application to trademark the sound OKURR was filed in July 2018 by a company representing the actress that plays the fictional character Shocantelle. This application claims that the actress originally created the sound okurr (a derivative of okay). An initial rejection of the application has been issued because the sound does not function as a trademark to indicate the source of the applicant's services.
We will be following these applications to see if the USPTO grants them federal registration.

03/18/2019

Beyonce's struggle to trademark her daughter's name Blue Ivy Carter continues and now the opposer wants her personal text messages. The opposer, Veronica Morales, is a Harvard graduate who has been featured in Conde Nast as one of the top 25 wedding planners in the world. Ms. Morales obtained a federal registration for her trademark Blue Ivy, an entertainment and event planning firm, in October 2012 (prior to the birth of Beyonce’s daughter). Ms. Morales’ objection to the filing of Blue Ivy Carter is based on the allegation that Beyonce has committed fraud on the USPTO because she doesn’t have an intent to use the trademark, rather, her intent is to stop other businesses from using the trademark. Ms. Morales points to a prior abandoned trademark application filed by Beyonce where she never submitted evidence of the use of the trademark. The USPTO does not allow for final registration of any trademark until there is proof that the trademark is actually being used in commerce. Thus, Beyonce will need to show the trademark “in use” in order to stop anyone else from using her daughter’s name.

Instead, Beyoncé's legal team has asked for a protective order to be put in place in the ongoing fight with the owner of a wedding planning company.

03/13/2019

Complaints against Fortnite are dropped in light of SCOTUS ruling that copyrights must be registered prior to filing a lawsuit. In other news ...the Carlton dance from the Fresh Prince of Bel Air was rejected by the copyright office because it was deemed a "simple dance" rather than a choreographed work.

The recent US Supreme Court ruling in Fourth Estate Public Benefit Corporation v Wall-Street.com has brought respite for the makers of the Fortnite and NBA 2K video games.

03/13/2019

https://www.collegian.psu.edu/news/borough/article_28ffd0d4-452a-11e9-ab4d-b7bbede120e7.html

In December of 2018, Penn State submitted an application in an attempt to trademark the phrase “Happy Valley.” Now, the application has been rejected.

03/07/2019

How long does a trademark last?

03/06/2019

Unlike other types of intellectual property, if you follow the right procedures, a trademark can last forever, here is the answer to an often asked question "how long does a trademark registration last?"

https://balesandbales.com/how-long-does-a-trademark-last/

03/05/2019

Two ma*****na companies are going to court over trademark protection for the right to use their names. Both are claiming trademark protections for their respective companies. Federal vs. State TM registrations and description of goods and/services are interesting topics in cannabis intellectual property complaints.

Two ma*****na companies both named "Harvest" are heading to court over the rights to the title, and both are claiming trademark protections for their respective companies. The case is far from the only cannabis dispute over

02/27/2019

Interested to see how this plays out in court. Ian Schrager filed his Trademark before the Public Theater which began using its trademark in the early 90's. However, I think the term "Public" will provide for interesting defense and legal analysis on both sides.

The lawsuit claims that by introducing entertainment like musical performances and theater, the Public hotel on the Lower East Side is sowing confusion.

02/18/2019

Burger King’s Swedish operation revamped its menus to feature sandwiches, categorized as ‘Not Big Mac’s’, with such names as ‘Anything but a Big Mac’ and ‘Burger Big Mac Wished It Was’

02/14/2019

Here is a general guideline to the question every business owner has when filing a trademark. How long will it take to register my trademark?https://balesandbales.com/how-long-will-it-take-to-register-my-trademark/