Tag Archives: trademark law

The Case of the Stolen Ampersand and the (Non)Protectability of Fonts



The Case of the Stolen Ampersand and the (Non)Protectability of FontsIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss an intellectual property dispute between a typeface designer and Banana Republic, over the retailer’s use of a stylized ampersand design.

Watch this episode on the Weintraub YouTube channel, here.


Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles



Cookie Co's Motion to Dismiss Trademark Lawsuit by Restaurant CrumblesIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a trademark dispute between a restaurant and a craft cookie maker, over the use of similar marks for cookies.

Watch this episode on the Weintraub YouTube channel, here.


Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney



Heirs of Evel Knievel Clearly Do Not Have a Friend in DisneyIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a dispute between the heirs of Evel Knievel and Disney, over claims of similarities between the late daredevil and the “Toy Story 4” character Duke Caboom.

Watch this episode on the Weintraub YouTube channel, here.


Cleveland Now Has Two Guardians: The Baseball Team and the Roller Derby Team Settle Their Case and Agree to Joint Use



In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss an update in the trademark legal battle between the Cleveland Guardians Baseball and Roller Derby teams.

Watch the episode on the Weintraub Youtube Channel, here.


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.


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.


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.


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/