How to run away with a trademark someone else has been using for 120 years.

Running Away

That is a question answered in the precedential trademark opposition proceeding of Boston Athletic Association v. Velocity, LLC. The Boston Athletic Association or (“BAA” for short) is the organizer and operator of the well-known Boston Marathon race, held every year on the third Monday in April since 1897.  The BAA has organized the event every …

A nickname for a celebrity can be as good as his/her real name, regardless of whether the celebrity uses the trademark themselves

Celebrity Name

Nieves & Nieves LLC sought to register the word mark ROYAL KATE for a number of fashion products, including cosmetics, jewelry, handbags, bedding, and clothing.  The application included a statement that the mark “does not identify a particular living individual.” In the precedential opinion in In re Nieves & Nieves LLC, the Trademark Trial and …

Can the marks EVADE OFFSHORE ARMOR and EVADE OUTDOOR ARMOR cause a likelihood of confusion with the mark ARMOUR?

Can the marks EVADE OFFSHORE ARMOR and EVADE OUTDOOR ARMOR cause a likelihood of confusion with the mark ARMOUR?

These are two of the questions the TTAB sought to answer in the proceeding of Under Armour, Inc. v. Evade, LLC.  In this proceeding, Under Armour sought to cancel Evade’s trademark registration to its word mark EVADE OFFSHORE ARMOR and oppose Evade’s trademark application for the word mark EVADE OUTDOOR ARMOR, with all accusations being …

Fashion Faux Pas – Copiers Beware! Supreme Court Strengthens Copyright Protection

On March 22, 2017, the United States Supreme Court issued a much-anticipated opinion in Star Athletica, LLC v. Varsity Brands, Inc.  At issue was whether the surface decorations on cheerleading uniforms are copyright eligible, even though the shape of the uniforms are useful articles, and not copyright eligible. This legal issue has particular significance to …

FAME: Here today, not tomorrow.

Opposer, Fruit of the Loom, Inc., owns numerous trademark registrations for its FRUIT OF THE LOOM trademark for clothing, and specifically for underwear.   Applicants filed a trademark application for BODY FRUIT for several clothing items, including undergarments. Opposer filed a Notice of Opposition and, not surprisingly, convinced the TTAB to sustain the opposition in …

Adding a House Mark to a secondary brand similar to someone else’s mark can either increase OR decrease likelihood of confusion depending upon the circumstances.

Applicant, International Intimates Inc., filed for a trademark application for KISS KISS BY INTERNATIONAL INTIMATES INC. for clothing, including undergarments, lingerie and sleepwear. The application was rejected based on U.S. Trademark Registration No. 3434337 for the mark QISS QISS for clothing, including lingerie and sleepwear.  The TTAB affirmed the refusal. The first argument Applicant lost …

Word mark registrations TRUMP stylized versions; and there really are 3 for 1 specials in trademark law for clothing.

Applicant applied for the following mark incorporating the stylized letters “DF”: for a variety of clothing items.  The application was refused registration because of the existence of United States Trademark Registration No. 2827030 for the word mark DF, also for a variety of clothing items, with some overlap with the refused application.  The TTAB affirmed …