Author's Posts

California Moving Toward State Trademarks for Marijuana?

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

Although recreational marijuana use is legal in eight US states and the District of Columbia, the federal Controlled Substance Act still bans it, meaning that the USPTO, as a branch of the US federal government, will not register trademarks for cannabis products. But now some legislation proposed in the state of California may pave the way for state trademarks there for cannabis products.

Here’s what happening: California’s legalization bill goes into effect on January 1, 2018. Proposed California Assembly Bill 64 seeks to remove marijuana-themed advertisements from California’s interstate and state highways, as a way to reduce influencing children to use marijuana. The bill also, according to Entrepreneur, expands parts of the Model State Trademark law, which allows the state to grant trademarks to businesses that deal in “medical cannabis and nonmedical cannabis goods and services.” That means that if the bill passes, brands will be able to treat the cannabis industry just as they do any traditional business.

Colorado and Washington have already passed laws similar to the proposed California legislation that offer trademark protection to marijuana businesses in those states.

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Topics: trademark

Scottish Judge Dismisses Tartan Army Trademark Claim

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

Since the 1970s, fans of the Scotland national football team have become known as the “Tartan Army.” There’s also a company called Tartan Army Limited, which was originally owned by a Glasgow businessman, Ian Adie, which owns the EU and UK trademarks for “Tartan Army.” Adie sold the business in 2006 and the company’s new owners took ownership of the trademarks.

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Topics: trademark

The Latest Trump-Related IP Activity: From Trumpcare to Alternative Facts to Spicer’s Domains

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

US President Donald Trump has been in office just more than three weeks and the intellectual property activity surrounding his name and administration continues to grow

The Trump Administration’s plans to replace the Affordable Care Act (also known as “Obamacare”), have spurred a trademark filing for "Trumpcare" by a company called Hibbits Insurance in South Carolina. Rob Hibbits, the owner, told Gizmodo that he filed the trademark for fun and has no immediate plans for what to do with it. “I’ve been in the insurance business for 45 years and everything I’ve got is for sale.”Meanwhile, new “Trump”-named trademark registrations abound: Trump Power, Talking Trump Doll, Trump Life, Trump Baby, The Trump Border Wall, Trump On!, Trumptastic, Just Trump It, Anti-Trump Box, and In Trump We Trust, among others. Even Trump . . . Rooster?

Tantalizing Trademarks points out that Trump senior adviser Kellyanne Conway’s use of the phrase “alternative facts” was followed by some trademark filing activity at the USPTO. The first application for “alternative facts” was filed the same day Conway used the phrase on the news program ‘Meet the Press’ and over the following week 10 more applications were spotted in the USPTO database. The applications covered goods and services ranging from board games to beer.

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Topics: trademark

It’s Fashion Week in New York, So What’s New in Fashion Trademarks?

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

New York Fashion Week started yesterday in New York City, so let’s take a look at what’s happening in
the world of fashion trademarks.

Swiss watch company Swatch has filed a notice of opposition with the USPTO to block fashion brand Michael Kors from registering a trademark for “Michael Kors Access” — the company’s new smartwatch, according to The Fashion Law. Kors’ recent USPTO filing in classes 9 and 14 extends to wearable tech designs and “watches and parts thereof.” Swatch is the owner of a trademark for Swatch Access, also in class 14.

Swatch claims the Kors trademark is “confusingly similar” to its own and will “cause confusion, or to cause mistake or to deceive.” The company has used the Swatch mark on watches for more than 30 years.

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Topics: trademark

Super Bowl LI Champs New England Patriots Also Win Some Trademarks

by T+B BLOG TEAM on Wednesday, 8 February, 2017

Less than two weeks before the team’s Super Bowl LI win, the New England Patriots filed trademark applications for “One More” in anticipation of a fifth Super Bowl championship win. The team had started using “One More” in promotions during AFC Championship game week in late January.

The Patriots also recently “won” two trademarks nine years in the making that’ll come in handy after Sunday’s big win.

Before the end of the Patriots’ undefeated 2007 season (undefeated, that is, before their loss in Super Bowl XLII to the New York Giants), the team had filed trademarks for “Road to Perfection,” “Perfect Season,” and “19-0.” Following that Super Bowl loss, the team dropped the filings for Perfect Season and 19-0, until recently. Unfortunately, thousands of T-shirts had been printed in anticipation of the wished-for “undefeated” Patriots season, so none of them were ever sold and ended up being shipped outside the United States.

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Topics: trademark

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The title says it all. This is a blog about trademarks and brands, expanding the expertise and resources you’ve come to expect from Corsearch. From expert research tips to the inside scoop on productivity solutions, join the conversation about trademarks and brands.

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