DEW Trademarks

05/29/2016

"The Second Circuit disagrees with sister circuits and rejects arguments that nominative fair use is an affirmative defense that is available even when confusion is likely and that the traditional nominative fair use analysis supplants the Polaroid test for likelihood of confusion."

The Second Circuit disagrees with sister circuits and rejects arguments that nominative fair use is an affirmative defense that is available even when confusion is likely and that the...

05/29/2016

"In a victory for Coke, the board wrote Dr Pepper hadn’t proven that “zero’’ is a generic term among beverages and wrote that Coke’s “zero’’ soda and sports drink brands had “acquired distinctiveness’’ and qualified as “substantially exclusive.’’ Other than Dr Pepper’s Diet Rite Pure Zero, third-party use of the term in soft drink brands appeared inconsequential, it added.

But in a victory for Dr Pepper, the board wrote that Coke hadn’t proven consumer confusion and that Dr Pepper also could register Diet Rite Pure Zero as a trademark. That is because the full brand name, not just the term “zero,’’ made it “inherently distinctive,’’ it added."

The mixed opinion by the Trademark Trial and Appeal Board in a nearly decadelong dispute between Coke and rival Dr Pepper Snapple Group Inc. means any future beverage-industry tussles over the use of “zero’’ likely would be need to be resolved in federal courts.

05/08/2016

"In response, Kerry told ESPN: "Rene and I have worked extremely hard to develop the Earnhardt Collection brand and make it uniquely ours. I chose to leave a successful career in racing and could not be happier with what we've been able to achieve in the five years we've been building our home lifestyle brand inspired by our love of the outdoors."

Dale Earnhardt's widow, Teresa, has filed an appeal in the U.S. Court of Appeals against stepson Kerry Earnhardt's use of the trademarked Earnhardt name. Attorneys for Teresa originally filed a suit that said her stepson's use of "Earnhardt Collection" for...

05/08/2016

http://www.hngn.com/articles/198945/20160507/pokémon-sun-moon-third-legendary-trademarked-nintendo.htm

04/26/2016

"The study reveals that people believe there are five overall kinds of offerings—learning, cultural connectivity, savings, convenience and trust. These break down further into 11 sub-types, each fulfilling a different short-term human need. For example, a convenience-based offering splits into two sub-types, time savers and effort erasers. (An effort eraser removes virtually all investment of energy from purchases through tactics like drive-throughs, one-click ordering and end-of-aisle displays.)"

CHICAGO, April 20, 2016 /PRNewswire/ -- Leo Burnett and Arc, the brand activation agency inside Leo...

04/26/2016

"The Washington Redskins have asked the Supreme Court to review their appeal of a federal judge’s July ruling that upheld the cancellation of their trademark. But there’s a catch: the team only wants the high court to consider its case if it takes up a similar one involving a band called “The Slants.”

The team's petition is contingent on the high court agreeing to take up a similar case involving a rock band called "The Slants."

04/24/2016

Good discussion on copyright and fashion.

In one of the rare instances in which a designer might have the opportunity to sue in connection with copying, consider Cihuah. The celebrated Mexican brand, which shows during Mexico Fashion Week and has been featured in Vogue, Harper’s Bazaar, InStyle, Elle and other Mexico-specific publications,…

04/24/2016

Three stripes and you're out?

Adidas is seeking to ban Ecco from selling shoes that infringe on its Three-Stripe trademark.

04/24/2016

http://news.sportslogos.net/2016/04/23/new-sacramento-kings-logo-leaked/

What appears to be the entire new set of Sacramento Kings logos for the 2016-17 season have been “leaked” early, thanks to a European trademark filing by the National Basketball Association. This follows our report from February stating new logos were coming for the Kings as well as two other NBA te…

04/24/2016

OSU files to register name of coach.

http://www.vindy.com/news/2016/apr/23/osu-trademarks-name-of-legendary-footbal/?newswatch

04/24/2016

"ZeniMax filed a new trademark application for Starfield with the United States Patent and Trademark Office on April 11, which suggests that it has secretly remained in development over the last three years."

Three years after initially filing the trademark, Bethesda parent company ZeniMax files a new trademark application for a mysterious project titled 'Starfield.'

04/24/2016

"Following an investigation prompted by several undercover buys made and uncovered, the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations announced on Thursday the seizure of Florida-based websites billettechnology.com and custombilletstore.com."

When working on a vehicle, it’s always less of a headache to order parts and not have to wonder whether they’re faulty or not. Or, more importantly, whether they’re even the brand on the listing. But two websites recently got caught allegedly faking brands, and they’re now under seizure by the U.S.…