Trademark Screw-Ups of the Month

 

Florida lawmakers ask Trump administration to revoke Havana Club trademark license Only shows how powerful a trademark registration can be: sometimes you need a bunch of top-ranking politicians to figure out a way to reverse a decision. Sometimes it even involves interstate negotiations and international policies.

Brand it like Beckham: Victoria turns her daughter Harper into a trademark for make-up, toys and clothing at just FIVE years old Many have posted comments in the sense that it's a first-world problem where the rich get richer, and the poor get poorer. The reason, of course, is that the rich get richer because they keep doing things that got them rich, while the poor are getting poorer because they keep doing things that got them poor. If there's a lesson in this, it's that the rich and famous know the value of a brand and do whatever is necessary to preserve and protect it. For themselves, for their businesses, and for other people they care about.

AMBER ROSE SHOT DOWN IN ACE OF DIAMONDS WAR: Not yet shot down. Just received an office action that may well be overcome. What is fascinating though is that the trademark was filed through an attorney who only filed 24 trademarks, of which 14 are now dead. Not really a stellar record.

Nacho trademark: Torchy's takes Dam Good Tacos to court over name: Lesson: if a competitor with deep pockets had trademarked Damn Good Tacos, don't call your restaurant under Dam Good Tacos. Torchy's are doing what any responsible business owner would do, protecting the value of their business. And having properly trademarked their brand comes handy when someone else is trying to parasite on that value.

It's Mac war... Supermac's takes bite back at McDonald's in trademark battle: Putting locks, alarms, and even armed sentinels around your property is not bullying. That's what you do to your property if you're a responsible business owner. Trademarks to your brand is what a lock, an alarm, or an armed sentinel is to your tangible property. Whether McDonald's went overboard in attempting to secure brands it had no genuine intention of using is a different issue. But just because McDonald's is an amazingly successful company with one of the strongest trademark portfolios out there doesn't mean that their reluctance to let competition chip away from the value of their brand is "bullying.

Apple sues Swatch over 'Tick different' trademark: I was just wondering if Apple is still actively using its Think Different tagline. Well, apparently they are still very serious about not letting others use the iconic tagline or its variations.

Marine Trademark Office Quietly Joins Fight Against Online Misogyny: Whether or not you agree that it was a good policy for Marine Corps to shut down the Cards Against Humanity-style game, this situation demonstrates the power of trademarks. Much harder to argue with someone if they can show that you're infringing on their trademarks...

Bentley Motors Loses Trademark Battle With Bentley Clothing: Bentley Motors realized they wanted to claim ownership of the Bentley brand in association with clothing some 55 years after Bentley Clothing company started selling apparel under Bentley brand. This only demonstrates that you have to be very proactive in figuring out all possible line extensions for your brand and try to secure them sooner rather than later.


Oh The Irony: Chinese Automaker Suing Mercedes For Trademark Violation:  It becomes increasingly difficult to find product names that are trademarkable across the world. There'd always be something somewhere that would present a registrability problem. But you would think that the big guys like Mercedes would at least consider the big markets before launching a new brand...


BrewDog backs down over Lone Wolf pub trademark dispute: Yet another beer trademark dispute. Well, the bar can release a sigh of relief because the trademark owner said they don't really mind the use of the name by the bar. What's interesting is that the bar is now shaming the brewer's lawyers for forcing the bar to rebrand. Instead, the bar owner should be shaming himself and his legal team for picking a name they can't use, let alone own. How difficult would it have been to do a proper trademark search? Hint: you can get one for free from Trademark Factory®.

Adidas Continues Litigation Spree, Targets Juicy Couture for Trademark Infringement: There we go again. Straight lines on apparel obviously really upset Adidas.