THE NEXT OPRAH? You may not have Oprah’s empire yet, but you should still protect your trademarks like she does. Contact our experienced attorneys for a free consultation. Contact an Attorney Today Following Oprah Winfrey’s acceptance speech as this year’s recipient of the Cecil B. deMille Award at the Golden Globes, many speculated whether the media mogul would throw her […]
NEED TO REGISTER YOUR TRADEMARK? Gerben IP has registered over 6,500 trademarks since 2008. Contact our attorneys about our flat-fee trademark search and registration package. Contact Our Attorneys The Federal Circuit held today that the U.S. trademark law’s ban on offensive and derogatory marks is unconstitutional, following a similar decision by the Supreme Court earlier this year. Several months ago, […]
Starting November 7th of this year, a 99th member will be added to the Madrid Protocol. Becoming the 115th country, Thailand will officially become a member of the Madrid Protocol. If you have ever wanted to expand your trademark rights to more than one country, you are probably familiar with the Madrid Protocol. If you are not, the Madrid Protocol is […]
It’s college football time again! You may be thinking, “what could college football have in common with trademark law?” Well, whenever a fan sees that colleges name and logo on a helmet or every time a fan buys a t-shirt, hat, Pop-Tarts, pacifiers and, yes, even urns and caskets, the importance and value of that college’s trademarks are on full display. […]
Genericide. The death of a trademark. It may sound dramatic and for a trademark owner, it is. It means that the trademark owner’s once strong and powerful trademark is now available for everyone to use. In the trademark law context, genericide, or the conversion of a trademark into a generic phrase, occurs when a trademark becomes the generic word for the […]
On June 23, 2016, the United Kingdom voted on a public referendum to leave the European Union. This referendum, known as “Brexit” (a combination of Britain & Exit) and has put the future of British trade with other European Union members in a state of turmoil. However, its effects could reach far outside of Europe, as U.S.-based businesses try to […]
Last week, the attorneys and staff at Gerben IP celebrated Father’s Day with their families. Now, being trademark attorneys, they found some time to reflect on some dad-related intellectual property disputes. Superman v. Super…dad? Your dad may be capable of some superhuman feats but D.C. Comics doesn’t want your dad getting confused with the real deal. A t-shirt company Mad Engine, […]
In a decision that will have a huge impact on the United States trademark system, the Supreme Court held that the federal law (the Lanham Act) which allows the USPTO to refuse to register “disparaging” trademarks violated the First Amendment and was unconstitutional. Simon Tam, the front man for the Asian-American rock band “The Slants” filed a trademark application with the […]
Every few years a professional sports franchise starts up, moves cities, or changes names. Recently, we have welcomed the Las Vegas Golden Knights to the NHL (a brand-new team), the Los Angeles Chargers in the NFL (formerly the San Diego Chargers) and the not-so-recent New Orleans Pelicans in the NBA (formerly the New Orleans Hornets.) This year, the Oakland Raiders announced […]
One day, while browsing through a competitor’s marketing catalog, a manufacturer of cheerleading uniforms came across cheerleading uniforms that were very similar to the company’s designs. This is how a dispute between two cheerleading uniform companies started, a case that went all the way to the Supreme Court and could have drastic implications in many creative industries. The Initial Question: Are […]
In the United Kingdom, Victoria and David Beckham have registered the name of their five year old daughter, Harper, with the United Kingdom Intellectual Property Office. Across the pond in the United States, Jay-Z and Beyoncé have recently applied to register their daughter’s name, Blue Ivy, with the United States Patent & Trademark Office for a wide variety of goods and […]
When you hear “March Madness,” it can only mean one thing: the National Collegiate Athletic Association (“NCAA”) National Championship Tournament. From its humble beginnings to its widely-known usage today, the NCAA’s March Madness® trademark represents a valuable asset that the NCAA fiercely protects. In fact, over 85% of the NCAA’s yearly budget comes from the advertising and marketing of its three-week […]