Category Archives: Trademark Law

Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers

Manufacturing IP, Sports IP, Trademark Law, , , , , , , ,

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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

Copyright Law, Entertainment IP, IP Litigation, Trademark Law, , , , ,

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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

IP Litigation, Sports IP, Trademark Law, , , , ,

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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

IP Litigation, Manufacturing IP, Trademark Law, , , ,

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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.

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

Entertainment IP, IP Litigation, Trademark Law,

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In this episode of The Briefing by the IP Law Blog, intellectual property attorney Scott Hervey talks with co-host Josh Escovedo about Josh’s article “The Ninth Circuit Affirms Ruling that COMIC-CON isn’t Generic for Comic Conventions.”

Watch this episode on Weintraub’s YouTube channel, here.

Read Josh’s article on the IP Law Blog.

Navigating the Hazy Intersection of Cannabis Law & Trademarks

IP Litigation, Trademark Law, , ,

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On this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Josh’s article “Navigating the Hazy Intersection of Federal and State Law on Cannabis and Advising Clients on Protecting Their Trademarks.”

Watch this episode on Weintraub’s YouTube channel, here.

Read the full article on The IP Law Blog, here.

COVID 19 Bill Stimulates the Economy and Changes in the Intellectual Property Law

Copyright Law, Patent Law, Trademark Law, ,

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In this episode of The Briefing by the IP Law Blog, co-hosts Scott Hervey and Josh Escovedo discuss the changes in intellectual property law stemming from the recently passed COVID-19 stimulus bill.

Watch the episode on the Weintraub YouTube channel, here.

Read a related article by Weintraub attorney Jessica Corpuz on the IP Law Blog.

Sushi Restaurants Battle for Control over Hand Roll Trademark

IP Litigation, Trademark Law,

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Sushi Nozawa LLC, owner of the popular sushi destination Sugarfish, is challenging the HRB Experience LLC over use of the term “Hand Roll Bar.” In this episode of The Briefing by the IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the lawsuit, including descriptive versus generic terms, secondary meaning, and the potential strategies of the parties.

Watch this episode on the Weintraub YouTube channel, here.

Trademark Infringement – Tiffany & Co. Versus Costco

Copyright Law, Manufacturing IP, Trademark Law, ,

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In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Tiffany & Co’s lawsuit against Costco for selling Tiffany-like rings and using the word Tiffany on nearby signage, claiming trademark infringement and unfair business practices.

Watch the episode on Weintraub’s YouTube channel, here.