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Coachella Sues Urban Outfitters for Trademark Infringement

by T+B BLOG TEAM on Thursday, 23 March, 2017

As LA Weekly wrote, if you had to choose one brand that best represents the Coachella Valley Music and Arts Festival “it’s probably Urban Outfitters.” You might know the look — flowing flowery dresses, floppy hats, dusty well-worn boots, some pale denim, etc., etc., etc. So it may not come as a surprise to learn that Urban Outfitter’s ‘Free People’ subsidiary sells clothing branded with . . . yes, the Coachella name.

And now Goldenvoice, the company that organizes Coachella has filed a trademark infringement suit in US Central District Court of California against Urban Outfitters. The lawsuit claims that Free People has been selling Coachella-branded merchandise, including a “Coachella Valley Tunic” which was described as “the quintessential summer musical festival piece to throw on and go with.” The company also markets a "Coachella Boot," "Coachella Mini Dress," and "Coachella Pocket Tank."

That’s not all. It turns out that Free People also markets a “Bella Coachella” line of products through third parties like Amazon, Zappos, and Macy’s. In addition, the suit claims that Urban Outfitters bought keyword ads on Google using the word “Coachella.”

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Topics: trademark

More Trump Trademarks . . . This Time in Mexico

by T+B BLOG TEAM on Monday, 20 March, 2017

There’s been lots of press coverage about China recently granting 38 US President Donald Trump-related trademarks. But did you know that there’s also been some Trump-related trademark news in Mexico too?

In February 2016, as candidate Trump campaigned on, among other things, building a wall between the US and Mexico, his company filed four trademarks with the Mexican Institute of Industrial Property (IMPI). And now those trademarks have been granted.

The Trump trademarks in Mexico cover business operations including construction, construction materials, hotels, hospitality and tourism, real estate, financial services, and insurance. These same trademarks, under the name Donald J. Trump, had expired in 2015. The new trademarks list the owner as DTTM Operations LLC, reportedly the holding company for Trump’s trademarks.

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Topics: trademark

Is This Trademark Registration “On Fleek”?

by T+B BLOG TEAM on Thursday, 16 March, 2017

It all started in a Vine video.

Kayla Newman (a/k/a Peaches Monroee) was the first to use the phrase “on fleek” in 2014, referencing perfectly groomed eyebrows, as in “eyebrows on fleek.”

Most people think that “fleek” is a combination of “fly” and “sleek,” but in an email exchange with an editor from Merriam-Webster, Newman explained that fleek actually means “it’s nice.”

After her video went viral the phrase has been used to describe everything from fashion, to music, to skateboards, and more. It’s been written into song lyrics and used by some major brands, like Taco Bell and Denny’s, in advertising. Although Newman says she was thrilled to see her phrase picked up by others, she didn’t make any money off of it, telling Teen Vogue: “I would definitely have made sure I was more aggressive if I had known that the video would blow up to be this big. I would have had a team of lawyers with me as well.”

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Topics: trademark

New York’s “Landmarc” Restaurant Sues Forthcoming “Landmark” Restaurant

by T+B BLOG TEAM on Monday, 13 March, 2017

Could this be a “landmark” trademark infringement case?

Well, Eater called the opening of Landmark (short for the Landmark Rooms), multiple restaurants in development in New York City’s former Four Seasons Hotel space “arguably the biggest restaurant NYC opening of the decade.”

Just slightly over a mile away, in the Time Warner Center, sits Marc Murphy’s restaurant, Landmarc, which also has a downtown location. According to the New York Post, Murphy is suing Landmark’s owners, the Major Food Group, for trademark infringement over the restaurant’s “confusingly similar” name.

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Topics: trademark

Play-Doh Files US Trademark Application for Its Scent

by T+B BLOG TEAM on Friday, 10 March, 2017

Play-Doh, that colorful and uniquely fragrant modeling clay, is making a comeback in the United States, announcing that it will soon start producing product in East Longmeadow, Massachusetts, after being absent from US manufacturing since 2004. It will be made in the same Cartamundi NV factory that produces Monopoly, Game of Life, Candy Land, Risk, and Clue for Hasbro.

Coinciding with the company’s manufacturing return to the US, the USPTO received a trademark application for the “non-visual Play-Doh scent mark.” Yes, that distinct smell of Play-Doh. You’d recognize it from when you were a kid, right? The company describes it as a “unique scent formed through the combination of a sweet, slightly musky, vanilla-like fragrance, with slight overtones of cherry, and the natural smell of a salted, wheat-based dough.”

Scent trademarks aren’t very common, but the USPTO recognizes several (MentalFloss has a list, of course), including the strawberry scent of toothbrushes made by Lactona and Verizon’s signature “flowery musk scent” used in its retail stores.

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Topics: trademark


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