There are a number of reasons to file a trademark application with the U.S. Patent and Trademark Office, with the ultimate goal of earning a trademark registration. Among the most important reasons for possessing a trademark registration is that it puts the general public on notice of your claim of ownership of the mark and it creates a legal presumption of ownership across the United States (you can also file applications outside the United States to enhance your worldwide protection).
Inter Miami CF is the name of a brand new Major League Soccer (MLS) team set to debut in South Florida in 2020. Inter Milan is an historical Italian soccer club with worldwide acclaim and notoriety. The two soccer clubs are in the middle of an intense battle, but it is not being waged on the field. Instead, it is a dispute that is in the process of being adjudicated by the U.S.-based Trademark Trial and Appeal Board (TTAB).
Why Is Inter Miami And MLS Fighting Inter Milan?
Many states have adopted trademark dilution statutes that serve as grounds for the initiation of a civil action in trademark law. One such state is the State of Florida, which uses Florida Statute Section 495.151 as its Dilution Act.
What Does Florida Statute Section 495.151 Concern?
The title of Chapter 495 of the Florida Statutes is, “Registration and Protection of Trademarks.” Within that Chapter is Section 495.151, simply titled, “Dilution.” This is separate from the more commonly known trademark-related action of infringement.
It is our belief that there has never been a time in the history of the United States that trademarking has been as important as it is today. Thus, you will want to make sure you have retained the right trademark lawyer to assist you with your needs.
Is “The Vitamin Shoppe” too generic of a name for the parent company to obtain trademark registration? After a year-long battle within the Trademark Trial and Appeal Board (TTAB) system, the answer is a resounding yes. Without a disclaimer for the entire mark, the TTAB was unwilling to reverse the U.S. Patent and Trademark Office’s (USPTO) refusal of the applications for registration.
Ohio State was denied the trademark registration to “THE” and LeBron James lost in an attempt to register “TACO TUESDAY.”
Neither outcome should be shocking, whether you are a trademark attorney or not.
Six-time Super Bowl champion Tom Brady filed a trademark application to register the mark “Tom Terrific.” Three-time NBA champion LeBron James recently initiated an effort to register the trademark “Taco Tuesday.”
Gatorade used the slogan “Gatorade The Sports Fuel Company” and SportFuel, Inc. sued, claiming trademark infringement. The district court threw out the case after it decided that Gatorade’s slogan was construed as fair use. SportFuel appealed.
Mondelez is suing a company called Stoney Patch for trademark infringement. It claims that THC gummy products created and sold by Stoney Patch were intentionally designed to copy the Sour Patch brand under a confusingly similar name and packaging. It additionally says that it is especially concerned about confusing children, since the packaging is likely more appearling to children who are used to the Sour Patch branding.
The State of Illinois is home to a big new battle over the rights to use marks related to male grooming. You have definitely heard the words “manscaping” and “manscaped” used before, and now they are basically the subject of a federal court trademark dispute.