Category Archives: Trademark Law

Thirsty for Clarity – Brand Confusion In The Beverage Category



The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie Lincenberg discuss the TTAB’s long-standing opinion on this episode of The Briefing.

Read Scott’s article on the IP Law Blog. Watch this episode on the Weintraub YouTube channel here.

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Affiliate Marketing vs Retail Services – TTAB’s Landmark Ruling



Affiliate Marketing vs Retail Services - TTAB's Landmark Ruling

‘Gabby’s Table’ was denied registration in a major Trademark decision that impacts affiliate marketing. Weintraub attorneys Scott Hervey and Jamie Lincenberg break down what this means for your business in this episode of “The Briefing”

Watch this episode on the Weintraub YouTube channel here and listen to the full podcast here.

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How to Avoid Bearing The Risks of A Naked License (Featured)



How to Avoid Bearing The Risks of A Naked LicenseIn Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this featured episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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IOC Goes For Gold In Trademark Suit Over Logan Paul – Kevin Durrant Sports Drink



The Briefing: IOC Goes For Gold In Trademark Suit Over Logan Paul - Kevin Durrant Sports Drink

Weintraub attorneys Scott Hervey and Jessica Marlo explore the US Olympic Committee’s lawsuit against Prime Hydration, co-founded by Logan Paul, for using Olympic trademarks in their ad campaign with Kevin Durant. Discover the power of Olympic trademarks and their protection!

Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here.

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Brandy Melville Doubles Down Against Redbubble



Brandy Melville Doubles Down Against RedbubbleThe ongoing dispute between Brandy Melville and Redbubble over trademark and copyright infringement continues. Despite previous setbacks, Brandy Melville has filed a new lawsuit against Redbubble, alleging the sale of counterfeit products and copyright infringement. Scott Hervey and Jamie Lincenberg from Weintraub Tobin explore the history of the dispute, the claims made in the new complaint, and potential legal strategies moving forward.

Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here.

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Brandy Melville v Redbubble: Navigating Contributory Infringement



Brandy Melville has asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

 

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The Protectability of Short Phrases (Archive)



The Protectability of Short Phrases (Archive) While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Scott Hervey and Tara Sattler talk about the protectability of short phrases on this archive episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

 

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Jingle Brawl: The Battle for ‘Queen of Christmas’



Mariah Carey has widely been referred to by fans as the ‘Queen of Christmas,’ but when she attempted to trademark the title last year, it was met with pushback from another singer and songwriter who claimed to hold the same title. Scott Hervey and Tara Sattler discuss this dispute on this Holiday edition of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional



The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey and Eric Caligiuri discuss this case on this installment of The Briefing. 

Watch this episode on the Weintraub YouTube channel here.

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