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Last month, Nike applied for a trademark application for the mark ‘FOOTWARE’ indicating that it intends to offer a ‘FOOTWARE’ branded product that will allow users to interact with other smart devices. Josh Gerben was quoted by the Portland Business Journal about the trademark filing.
The Dallas Mavericks file trademarks for EL MATADOR and THE MATADOR, the nickname for rookie-of-the-year candidate Luka Doncic. The USPTO issued Office Actions on these trademarks, initially refusing the applications because of potential conflicts with other MATADOR-formative trademarks already registered. Josh Gerben was quoted by Forbes magazine discussing the initial refusals.
With some states having legalized various forms of marijuana usage over the past few months, there has been a increase in the number of marijuana-related trademark applications being filed. However, it appears that the USPTO has been routing those applications to a “specialized” group of examiners, which is making the time between submittal and review greater than the advertised 3-4 month timeline. World Trademark Review discussed the issue with trademark attorney Josh Gerben.
The same day that Auburn University reached its first Final Four, the University filed a trademark for “Draining Threes and Rolling Trees”. The Auburn Plainsman and AL.com quoted Josh Gerben discussing the trademark filings and history of “rolling trees” at Toomer’s Corner on the Auburn University campus.
The USPTO recently rejected Penn State University’s attempt to file a trademark for “HAPPY VALLEY” to be used on various apparel items. The government’s examining attorney stated that the mark was too descriptive to become a registered trademark. Josh Gerben was quoted by the Pittsburgh Post-Gazette about why the trademark application was rejected.
A Canadian patent attorney was recently alerted to the fact that her name was fraudulently used in the filing of US trademark applications by Chinese applicants. It is suspected that this was done to circumvent a proposed USPTO rule that requires foreign individuals to use a US attorney when filing a trademark application. Corporate Counsel interviewed Eric Perrott about how the Canadian attorney’s name came across in his work for a client, and addressed the increase of trademark applications from China.
Many US attorneys have recently reported receiving emails asking to use their attorney name and information on a US trademark application for foreign applicant that they have not previously worked with. Some believe this has happened in response to the USPTO proposal for requiring foreign applicants to use US attorneys for their trademarks. Josh Gerben was quoted by the World Trademark Review about the USPTO’s need to update their systems has been spotlighted by these emails.
There has been a recent wave of litigation where models and other celebrities have been suing gentlemen’s clubs. The crux of the lawsuits is that the plaintiffs’ images are being used in an authorized manner by the businesses to promote their services. Josh Gerben was quoted by Law360 regarding the quantity of damages afforded to the affected women.
Campbell Soup Company was recently granted a trademark registration for the word “Chunky” in relation to the eponymous soups. Although the USPTO could have rejected the application as being too descriptive, Campbell’s submitted large amounts of evidence to overcome those claims. Josh Gerben was quoted by AdAge about Campbell’s arguments regarding the descriptive concerns.
Gerben IP has been recognized as a top firm by the World Trademark Review for trademark prosecution and strategy in the 2019 WTR 1000 report. The honor puts Gerben IP, a trademark boutique, in the company of world class mega-firms.
Madison Square Garden is looking to add another trademark to their existing portfolio. They recently filed a USPTO application for the mark “MSG” for sports-betting mobile applications and tournaments. However, the company has stated they have no immediate plans when it comes to this new venture. Josh Gerben was quoted by The Action Network about whether there’s any truth to Madison Square Garden’s plans relating to the online sports betting industry.
The Dallas Mavericks have file two trademarks for the nickname of Luka Doncic, their star forward. These applications could run into an issue with the USPTO because it presents the issue of whether a professional sports team can own a nickname for one of their players. Josh Gerben’s tweet was quoted by Forbes magazine regarding this issue of ownership.
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