Category Archives: Trademark Law

Jack in the Box Pops a Spring Over Mascot Trademark Dilution



In this episode of the Briefing from the IP Law BlogScott Hervey and Josh Escovedo discuss a trademark dispute between Jack in the Box and Cryptocurrency Marketplace FTX. Jack in the Box claims that FTX’s new mascot is too similar to theirs.

Watch this episode on the Weintraub YouTube channel, here.


Guardians of the Trademark: Cleveland Baseball Team and Cleveland Roller Derby Team Clash Over IP



In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss the latest developments in the trademark dispute between the Cleveland Guardians Baseball Company – formally the Cleveland Indians – and the Cleveland Roller Derby.

You can watch this episode on the Weintraub YouTube channel, here.


Court Melts Ice Cube’s Trademark Lawsuit against Robinhood + Update



Court Melts Ice Cube's Trademark Lawsuit against Robinhood and updateThis week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between rapper, Ice Cube and Robinhood over the trading app’s use of Ice Cube’s image in a newsletter.

Watch this episode on the Weintraub YouTube channel, here.


Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit



Keeping an Eye on Warby Parker Adwords Trademark Infringement LawsuitThis week on the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for “1-800 Contacts” to misdirect customers to its competing online store.

Watch this episode on the Weintraub YouTube Channel, here.


Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?



Title image, reading 'Could a Trademark Search Have Saved 'The Cleveland Indians' Botched Rebrand'In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indian’s attempt to rebrand as the Cleveland Guardians, and the complications that arose surrounding the new trademark.

Watch the episode on the Weintraub YouTube Channel, here.


Prince Estate Wants Winery’s ‘Purple Rain’ Trademark Back in the Bottle



In this week’s episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.”

Watch the full episode on the Weintraub YouTube channel, here.


NCAA Erects Challenge to ‘Vasectomy Mayhem’ Trademark



The Briefing, NCAA VasectomiesIn this week’s episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a Urology office due to its alleged likeness to its own trademarks, ‘March Mayhem’ and ‘March Madness.’

Watch the video version of this episode online here.


Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)



Image of a light bulb with the words, The Briefing by the IP Law blog, followed by this episode's title. Dr Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the trademark aspects of Dr. Seuss “mashups.”

Watch the video version of this episode on the Weintraub YouTube channel here.

To listen to part-one of this two-part series, click here.

Cases discussed:

Dr. Seuss Enterprises v. Penguin Books USA

Dr. Seuss Enterprises v. Comic Mix LLC

Mattel Inc. v. MCA Records Inc.

VIP Products LLC v. Jack Daniels Properties Inc.


Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement



Graphic with episode title: IOC Gets Gold In Trademark EnforcementIn this bonus episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have reinforced that protection.

Lawsuits discussed:
San Francisco Arts & Athletics, Inc. v United States Olympic Committee
USOPC v Puma

Watch the video version of this episode on YouTube, here.


Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers



Graphic that reads: The Briefing The Ip Law Blog Nike Threatens Fire & Brimstone Over Satanic Custom Shoe MakerIn this week’s episode of The Briefing by The IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”). In Nike Inc. v MSCHF Product Studio, Inc. Nike sued MSCHF over unauthorized versions of the Nike Air Max 97 featuring satanic imagery. The shoes were tied into marketing by Rapper Lil Nas X, and all 666 pairs created by MSCHF were sold.

View the video recording of this episode on the Weintraub Tobin YouTube channel, here.