The Philadelphia Eagles recently filed a trademark application for the phrase “Kelly Green,” following the summer debut of their throwback Kelly Green uniforms. CBS News discussed the Eagles’ new trademark filing and what it may mean with trademark attorney, Josh Gerben. “It doesn’t allow the Eagles to tell people you can’t use Kelly Green to describe a color of another article […]
Earlier this year, Taco Bell sought to Cancel the trademark registrations for “Taco Tuesday,” stating that everyone should be able to use the phrase. Taco John’s, which owned the mark in 49 states, gave up its rights soon after. The holdout, Gregory’s Restaurant and Bar, which held the rights to the phrase in New Jersey, has decided to also forfeit its […]
The Federal Circuit recently published an opinion that the USPTO did not have the right to strip a trademark or its registration, due to a false claim of incontestability. This was the first time the Circuit had to decide if a fraudulent incontestability declaration warranted the cancellation of a trademark. Law360 discussed the Federal Circuit’s opinion on the fraudulent declaration with […]
Elon Musk recently rebranded Twitter to “X” and announced that he wants the social media company to be an everything app, allowing its users to do everything from communicate, shop, watch entertainment and bank from one platform. The Wall Street Journal and Josh Gerben discussed what the rebrand potentially means for the social media company’s trademark strategy. Protecting X as a […]
Elon Musk recently announced his decision to rebrand Twitter to X. The company will have a long road to owning trademark registrations to protect the new brand. Reuters spoke with Josh Gerben about the potential legal challenges the company could face in an attempt to protect the new brand with trademark registrations. “There’s a 100% chance that Twitter is going to […]
Elon Musk recently announced that he would rebrand the Twitter platform to “X” and unveiled the new logo. The X logo, which resembles a Unicode character, may be difficult to protect with a trademark registration, especially since rival Meta, already owns a trademark for an “X” logo. Business Insider spoke with trademark attorney Josh Gerben about some of the challenges the […]
Taco John’s, which owned the trademark registration for “Taco Tuesday” in all states but New Jersey, has announced that it will be abandoning its registration. The restaurant chain explained that legal fees involved in fighting the Cancellation, initiated by Taco Bell, would be too expensive. Taco John’s announced that instead of paying millions in defense of the trademark, it will instead […]
Mattel, the manufacturer of Barbie, is attempting to block the registration of a “BRBY” trademark, filed by Burberry. Mattel claims that if registered, the “BRBY” trademark could cause consumers to confuse the brands. Reuters discussed Mattel’s case with trademark attorney Josh Gerben. Mattel “certainly has a point that BRBY could phonetically sound like Barbie,” said Josh Gerben. “Burberry is going to […]
Barbie manufacturer, Mattel recently filed a Notice of Opposition against a trademark application filed by Burberry. Mattel claims the trademark, “BRBY,” is phonetically identical to its Barbie brand, especially as there are no vowels to guide the pronunciation of the word. AdAge spoke to trademark attorney Josh Gerben about Mattel’s brand protection strategy. While Mattel’s claim of “similarity in sound” is […]
A 15-year partnership between Diageo and Sean “Diddy” Combs has ended with a racial discrimination lawsuit. Combs has accused the company of not marketing his spirit brands in the same way it marketed other brands. CNN and Josh Gerben discussed the potential reason for the end of the partnership. Attorney Josh Gerben told CNN that it’s “not surprising” that DIageo wanted to […]
In May 2023, Taco Bell filed a Petition to Cancel the trademark registration for “Taco Tuesday.” The owners of the registrations, Taco John’s and The Gregory Hotel have submitted responses to the filing. CNN and Josh Gerben spoke about the how the “Taco Tuesday” case will likely proceed. “Taco Bell scored an early press relations victory by the well-coordinated roll-out of […]
Since Lionel Messi announced that he will be playing for Major League Soccer’s Inter Miami FC, ticket and merchandise sales have exponentially increased as fans look forward to seeing the Argentine soccer star play. In advance of Messi’s arrival, the team has filed a trademark application with the USPTO. CNBC and Josh Gerben spoke about the trademark application. Inter Miami FC […]
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