Category Archives: Trademark Law

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.


What’s In a Name: Clearing Titles for Film and Television



Title Frame - The Briefing from the IP Law Blog. What's In a Name: Clearances for Film and TelevisionIn this week’s episode, attorneys Scott Hervey and Josh Escovedo discuss the process of clearing titles for Film and Television shows. They discuss recent high-stakes litigation around entertainment titles, including Stouffer v. National Geographic Partners LLC, Jon Astor-White v. Daniel Strong (Empire), and the “Honey Badger” case.

View the video on YouTube here:https://youtu.be/3w8Bcjb6__A

Here’s a link to a previous episode of The Briefing discussing the Empire litigation: https://www.theiplawblog.com/2020/10/articles/copyright-law/empire-copyright-litigation/

Here’s an article Scott wrote on how the Empire litigation extended permitted use of third-party trademarks: https://www.theiplawblog.com/2017/12/articles/trademark-law/ruling-in-lawsuit-over-foxs-use-of-empire-extends-permitted-use-of-third-party-trademarks/

Here is a link to an article on the IP Law Blog about the “Honey Badger” case: https://www.theiplawblog.com/2018/08/articles/ip/honey-badger-dont-care-the-rogers-test-and-trademark-infringement/


SPIN Trademark Has Peloton Wrapped Around the Axel



Peloton petitions to establish that SPIN and SPINNING are generic terms and can’t be trademarked. Josh and Scott discuss Peloton bringing a case against Mad Dogg’s trademarks and how they are now generic.

Read Scott Hervey’s post about the topic on the IP Law Blog.


Hard Cider Maker Can’t Whine About Trademark Opposition



In this episode of The Briefing, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss a recent decision by the Trademark Trial and Appeal Board involving winemaker Delicato Vineyards and a hard cider maker from Virginia. Delicato Vineyards, which owns the trademark GNARLEY HEAD for wine opposed the registration of GNARLED ORCHARD for hard cider.


The Ninth Circuit Affirms That Comic-Con isn’t Generic



This week, Intellectual Property attorney Scott Hervey talks with IP attorney and Law Blog author Josh Escovedo about his article “The Ninth Circuit Affirms Ruling that COMIC-CON isn’t Generic for Comic Conventions.”

Read Josh’s article on the IP Law Blog.


Navigating the Hazy Intersection of Cannabis Law & Trademarks



Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Josh’s post on the IP Law Blog “Navigating the Hazy Intersection of Federal and State Law on Cannabis and Advising Clients on Protecting Their Trademarks.” Read the full article here: https://www.theiplawblog.com/2020/06/…