Category Archives: Trademark Law

Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit



This week on The Briefing by 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?



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 video episode on the Weintraub YouTube channel, here.


NCAA Erects Challenge to ‘Vasectomy Mayhem’ Trademark



In 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 on Weintraub’s YouTube channel, here.


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



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.

Listen to part one of this topic here.

Watch the video version of part one here.

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


Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement



In 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.

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

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

 


Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers



In 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



In 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.

Watch this episode on YouTube here.

Watch a previous episode of The Briefing by the IP Law Blog discussing the Empire litigation, here.

Read an article Scott wrote on how the Empire litigation extended the permitted use of third-party trademarks on The IP Law Blog, here.

Read an article on The IP Law Blog about the “Honey Badger” case, here.


SPIN Trademark Has Peloton Wrapped Around the Axel



In this episode of The Briefing by the IP Law Blog, 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.

Watch this episode on YouTube, here.

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


Hard Cider Maker Can’t Whine About Trademark Opposition



In this episode of The Briefing by the IP Law Blog, 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.

Watch this episode on the Weintraub YouTube channel, here.