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The USPTO is preparing to roll out a new requirement that all foreign applicants must utilize U.S. attorneys when submitting documents (including filings) relating to a trademark. Law360 quoted Eric Perrott about the timing of this new rule, and the potential outcome resulting from its enactment.
Although not having played in the NFL since 2016, Colin Kaepernick is still in the public eye. This month, he has filed a trademark of a graphical depiction of his face and signature afro hairstyle, that covers a variety of goods. Josh Gerben was quoted by ESPN regarding the business strategy behind the filing.
The Philadelphia 76ers have filed a trademark for the phrase “Trust the Process”. Sports Illustrated referenced Josh Gerben’s tweet about the filing in an article.
Over the past year, many media outlets have reported on the USPTO’s recent findings regarding fraudulent trademark specimens, and what impact they can have on the overall trademark system. Eric Perrott has extensively documented this issue in an article for the ABA Journal’s Landslide publication.
An additional $200 billion in tariffs against China was announced by President Trump earlier this month. Some speculate whether these tariffs are meant to force the Chinese government to enforce their intellectual property law and stop intellectual theft. Eric Perrott was quoted by Corporate Counsel about regarding the theory that the tariffs are meant to encourage to move manufacturing back to the US.
Papa John’s is in the midst of a new marketing campaign. Part of that campaign is to remove the apostrophe from their name and logo, which was confirmed in a new trademark application filing. Fortune quoted Josh Gerben regarding the amount of time that it will take to process the new filing.
Papa John’s is in the midst of a new marketing campaign. Part of that campaign is to remove the apostrophe from their name and logo, which was confirmed in a new trademark application filing. AdAge quoted Josh Gerben regarding the amount of time that it will take to process the new filing.
“Sacksonville” is a term that refers to the high success rate of the NFL’s Jacksonville Jaguars’ defense. The team recently applied for a trademark to protect the phrase, however, one of the Jaguars’ former defensive players filed an opposition, stating he has been using the mark to sell merchandise. Yahoo Sports referred to Josh Gerben’s quote during its reporting of the story.
LA Gear, a shoe company whose popularity peaked in the 90s, has opposed trademark filings for the NFL teams LA RAMS and LA CHARGERS, stating that consumers could confuse the LA RAMS and LA CHARGERS clothing items with LA GEAR shoes because of the use of “LA” in the trademarks. Josh Gerben was quoted by CBS Sports about LA Gear’s chances of winning their argument.
While most people are used to words, phrases and logos being protected by trademarks, candy companies have also applied for (and successfully registered) trademarks that protect the design of their confections. However, not all designs can be protected, as Nestle recently discovered in the European Union when their attempts to register the shape of the Kit Kat bar was thwarted. Josh Gerben was quoted by TIME Magazine, discussing the difficulty in determining distinctiveness regarding shape trademarks.
KitKat has been dealt a blow in their attempts to gain EU trademark protections of the KitKat’s four-finger shape. A European court ruled against Nestle, the makers of KitKat, in saying that the shape of the candy is not prevalent in all 28 members of the EU. Josh Gerben was quoted by the Associated Press, discussing how shape distinctiveness (and not just function) factors into a trademark application.
Gerben IP has been at the forefront of reporting on the increase of fraudulent applications being filed from China. As a response to these fraudulent filings (and others), the USPTO is considering a rule that would require foreign applications to hire a US attorney to prosecute a trademark application. Eric Perrott authored an op-ed for the World Trademark Review that discussed the benefits of the proposed Rule.
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