Should Generic Words Remain Registered as Trademarks?

Put this post in the category of evidence of how the law does not match reality. Some new expressions become so popular that they turn into nouns in common parlance. A few of this type of expression started life as a trademark and are still registered either at the state or federal level. One legal and moral question is whether […]

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The Name Rush Continues – Trademarks and Domain Names

Ernest Pulgram, a Viennese onomatologist, stated in 1995: “The name of a man is like his shadow. It is not his substance and not of his soul, but it lives with him and by him. Its presence is not vital, nor its absence fatal.” This quote emphasizes that a good name is important in life. […]

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Word Marks Can Use Any Font and Color

Word Marks Can Use Any Font and Color

The Trademark Manual of Examining Procedure (TMEP) reminds us in section 1207.01(c)(iii) that if a mark of an application or registration is “presented in standard characters, the owner of the mark is not limited to any particular depiction of the mark.” Cunningham v. Laser Golf Corp., 222 F.3d 943, 950, 55 USPQ2d 1842, 1847 (Fed. […]

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Federal Food, Drug, and Cosmetic Act does not Preempt the Lanham Act

On 12 June 2014, the U.S. Supreme Court (USSC) issued an 8-0 opinion (PDF) expounding the intersection of two federal statutes including the Lanham Act in POM Wonderful v. Coca Cola, 571 U. S. ___ (2014). This opinion concerns the alleged preclusion of a cause of action under one federal statute by the provisions of another […]

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