Fort Lauderdale Sports, IP & Entertainment Law Attorneys | Heitner Legal
We have been asked by many clients whether we can assist them with registering trademarks connected to the sale of cannabis and cannabis-related goods and services. In the past, we needed to be very creative to push applications through to registration. Now, the U.S. Patent and Trademark Office (USPTO) may be making things a bit […]
MomoMilk LLC, the owner of trademark registrations to the word mark “MILK BAR” and design marks for a stylized versions of “milk,” has filed a federal lawsuit against Milk Bar, LLC in Illinois. The plaintiff claims that the defendant has infringed on its trademarks based on the defendant’s use of a confusingly similar stylized design […]
“Guns Up” is a slogan and hand signal used by Texas Tech University, originally as a way to counter the “Hook ’em Horns” symbol shown by the Texas Longhorns. It has grown in prominence to the point that the signal is often used as a victory sign at Texas Tech athletic events.
Myth: Filing one trademark application with the U.S. Patent and Trademark Office for a mark and receiving a registration will protect that mark for use with all goods and services.
In some trademark cases, the plaintiff sues the defendant for trademark infringement based on what is considered to be a reverse-confusion theory. This means that the plaintiff believes that consumers will mistakenly believe that the defendant is the source, affiliate or sponsor of the plaintiff’s product or service.
We do not always post about our victories in obtaining trademark registrations with the U.S. Patent and Trademark Office, but it is fun to highlight some of the more interesting success stories. Below are a couple of our more recent registrations, one for a professional basketball player and another for a sports betting handicapper.
And down the stretch they come! It is a popular saying in horse racing, which was popularized by sportscaster and longtime ABC, CBS, ESPN and NBC voice Dave Johnson. It is also a phrase that is now the subject of a trademark infringement lawsuit pending in the U.S. District Court for the Southern District of […]
I thought that one of the better Super Bowl XLIII advertisements was delivered by Expensify, because it simply demonstrated the value of its service in an effective manner. It appears that a competitor is trying to benefit from Expensify’s Super Bowl exposure, which has led to the filing of a lawsuit by Expensify for trademark […]
While a federal trademark registration is required to initiate a trademark infringement action in federal court, that is not the only enforcement mechanism for fighting a mark that you believe to be threatening your own. In fact, there is another method of frustrating an applicant who is in the midst of trying to register its […]
A total of 458,566 trademarks were filed with the U.S. Patent and Trademark Office in 2018. That figure comes from a search of the Trademark Electronic Search System (TESS) conducted on January 8, 2019.
Everyone wants it, but nobody seems to know the best method to accomplishing it. In 2019, the aforesaid statement absolutely refers to Instagram verification. Being verified on Instagram is not only a status symbol. It helps with obtaining likes and followers, assists in the case that you have a dispute with Instagram and allows you […]
The U.S. Supreme Court has decided that it will hear a case that involves the refusal of a trademark application for the word “FUCT” in conjunction with its use on apparel. The U.S. Patent and Trademark Office previously refused registration based on the mark being deemed to be scandalous. The highest court in the U.S. […]