Color Marks: The Basics Color marks represent one of the more challenging types of non-traditional trademarks. Since the landmark Supreme Court decision in Qualitex Co. v. Jacobson Products Co., single colors can serve as trademarks when they identify the source of goods or services. However, obtaining trademark protection for a color presents unique hurdles: Last …
Category: distinctiveness
Understanding Trademark Distinctiveness
The concept of distinctiveness is important under trademark law because it is one of the requirements for a federally registered mark. Distinctiveness goes to the strength of the mark. In theory, the more distinctive a mark, the more likely it is capable of identifying and distinguishing against all other sources of goods and services used …
More Russian Warships, More Failures to Function
As of March 21, 2022, the Russian invasion of Ukraine continues, and so do the filings of trademark applications capitalizing on that war. As discussed in an earlier blog, RUSSIAN WARSHIP, GO FUCK YOURSELF was filed on February 26, 2022, just two days after Russia invaded Ukraine. Since then, there have been six other renditions …
“Russian Warship, Go Fuck Yourself” as a Battle Cry? Yes. As a Registrable Mark? Probably Not
The world is currently seeing the invasion of Ukraine by Russia, and there has been one catchphrase which has seemingly captured the fighting ethos of the Ukrainian people: “Russian warship, go fuck yourself.” With that said, it was only a matter of time before this common phrase would wind its way as a trademark application …
That Sucks! Otherwise Generic gTLD Still Non-Registrable Because Not Attached with Preceding Domain Name
On February 2, 2022, the Court of Appeals for the Federal Circuit affirmed in In re Vox Populi Registry Ltd.,[1] the decision of the USPTO’s Trademark Trial and Appeal Board (TTAB) refusing registration to .SUCKS as a service mark for Vox’s domain name registry services. However, the Fed Circuit agreed with the TTAB in that …
New Trademark Application Reveals Problems with Mad Rush for “Hot” Trends
A new trademark application for COVID-KUSH was filed with the U.S. Patent and Trademark Office (USPTO), on July 30, 2020. The applicant is Anthony Ariza dba Covid-Kush of Santa Clara, California. The identification of goods and services indicates it is a mark for use in International Class 30, for gelatin-based chewy candies; flavored, sweetened gelatin …
SCOTUS Watch: SCOTUS Finds Adding “.com” to “Booking” Makes it a Non-Generic Registrable Mark
In a major ruling, the U.S. Supreme Court held in U.S.P.T.O. v. Booking.com B.V.,[1] that an otherwise generic mark used in commerce conveys source-identifying characteristics when used with the “.com” top-level domain (TLD). In her majority opinion, Justice Ginsburg opined that since only one domain name owner can hold one particular domain name at any …