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 […]
The US Supreme Court recently ruled that the Rogers test, used to identify whether the unauthorized use of a trademark has artistic relevance, is not an applicable test when an alleged infringer is using another entity’s trademark as or within the infringer’s mark. This ruling comes from an appeal by Jack Daniel’s to be able to sue the owner of the […]
Earlier this month, the financial institution filed a trademark application to protect a ChatGPT-like A.I. software that would be able to select investments for customers. CNBC discusses the implications of the trademark filing with Josh Gerben. JPMorgan might be the first financial institution aiming to release a product like this to its customers, according to Washington D.C.-based trademark attorney Josh Gerben. […]
The USPTO recently refused the Washington Commanders’ trademark due to an existing registration for “Commanders Classic” an annual collegiate football game. The government agency also referenced a few pending trademark applications as another reason for the refusal. The Washington Post and Josh Gerben discussed how these refusals may affect the Commanders. “Trademark law from a policy perspective exists to protect a […]
Taco Bell recently filed a Petition to Cancel existing trademark registrations for the phrase “Taco Tuesday.” The fast food chain believe that everyone should be able to celebrate and eat tacos, but the trademark owners plan to fight for the registration. The Wall Street Journal discussed the case with trademark attorney Josh Gerben. Protecting a term like Taco Tuesday may be […]
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