Heitner Legal
It started with ESPN Sports Business Reporter and friend Darren Rovell sitting next to popular basketball analyst and former college basketball coach Bill Raftery on an airplane. Rovell, always thinking on his feet, wondered why Raftery, who has popularized phrases such as “ONIONS” and “With a Kiss” never trademarked them to be able to use the […]
Chicago Cubs Baseball Club, LLC has filed a notice of opposition with the Trademark Trial and Appeal Board (TTAB). The Cubs believe that its club will be damaged if the U.S. Patent and Trademark Office (USPTO) chooses to register the marks “FLY THE W” and “1908 IS ENOUGH.” The Cubs are very well known for their […]
In the eyes of the law, a properly formed and maintained limited liability business structure is a separate entity or “person” from its owners and employees[1]. This legal benefit allows for the limited liability of individuals who seek to invest, start up, or become a part of the business structure. Consequently, in the event the […]
For BYU fans hoping to make use of apparel sporting the university’s football team’s slogan for the upcoming 2014 season, unfortunately, you are out of luck. This past week, BYU officials discontinued sale of merchandise containing the slogan “Rise As One,” removing the items from store shelves and online listings. The discontinuation of BYU’s use […]
This past week, the United States Patent and Trademark Office (USPTO) cancelled the federal trademark registration of the Washington Redskins based upon the belief that the team name and logo are disparaging to Native Americans. The Lanham Act contains the federal statutes that govern trademark law throughout the United States. Pursuant to Section 2 found therein, […]
Those familiar with HBO’s hit show, Game of Thrones, undoubtedly are familiar with the term “Milk of the Poppy,” the medical drink used as both a painkiller and an anesthetic to help those throughout the Seven Kingdoms who have suffered from severe injuries. Recently, the term was used in the Season Four finale, “The Children,” […]
Generic top-level domains (gTLDs) include .com, .net, .org, .edu, and other variations in what is considered to be the back-end of a domain name. In 2000, the Internet Corporation for Assigned Names and Numbers (ICANN) introduced .aero, .biz, .coop, .inof, .museum, .name, and .pro. Then, in 2005, .cat, .jobs, .mobi, .tel, and .travel were added […]
Reverse Domain Name Hijacking (RDNH), also known as reverse cybersquatting, is similar to trademark bullying. Both tactics involve the trademark owner using his trademark rights to unjustly interfere with another’s rights. With trademark bullying, a trademark owner uses his trademark rights to harass and intimidate another beyond what the law might be reasonably interpreted to […]
Guccio Gucci founded the Italian fashion and leather goods label Gucci in Florence in 1921. Since then, it has become a very fashionable and profitable brand throughout the world. The brand holds many registrations for the trademark GUCCI throughout the world. It was not pleased to find out that someone had registered multiple domain names that […]
Trademark bullying watch! My first post on trademark bullying discussed the U.S. Patent and Trademark Office’s (USPTO) interest in eliciting suggestions to address these problematic litigation tactics. Legit claims are one thing; trademark bullying ties up the courts, costs people money that would be better spent on innovation, and takes up unnecessary time litigating. My […]