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Trademark Law Archives

News and Notes Focused on the 3 Public Faces of IP Law

  • Brand Image Protection - Trademark Law
  • Visual Image Protection - Copyright Law
  • Personal Image Protection - Right of Publicity Law

The Image Protection Law blog has been created in order to share stories and information on the legal aspects of: 1) the marketplace reputation of a company or product captured in its trademark, 2) published or publicly-displayed artwork, photography, and any created visual design, and 3) use of a person's photograph or likeness for product promotion or other commercial purposes.

The "IP3" share at least one thing in common: Image is everything. In these posts let's look at what that means in the realm of intellectual property in the news, but let's also be prepared to explore if there's something more beyond "everything." Don't forget, the intellectual in "intellectual property" doesn't mean smart or brainy, although by nature true creators often are. The word is used to refer to any creation, i.e., a "product of the mind." While this blog will be regularly updated, you are encouraged to share your thoughts on these posts.

Chicago Cubs victorious again! This time, before the TTAB.

After a 108-year lull, the Chicago Cubs won the World Series in 2016. No one who watched the games could argue against the enthusiasm and loyalty of Cubs fans. You might even be able to call some of them obsessed or even -- obnoxious.

Mr. and Mrs. Bieber file for trademarks based on their names

In September, pop star Justin Bieber and model Hailey Baldwin tied the knot. Now, Hailey Bieber is taking serious steps to preserve rights to use her new name for business purposes. TMZ reported that she has filed a trademark application to register "Bieber Beauty" for use in marketing a line of cosmetics and beauty products. In October, she reportedly also filed an application to register "Hailey Bieber" to use as a clothing-line brand.

Can't trademark your slogan? That's a pile of covfefe!

When you read this title, with whom or what did you associate "covfefe"? Of course, this is the nonsensical word President Trump used in a tweet, possibly when he was tired and in loose control of his typing fingers. Now people associate it with his persona and communication style.

Mold-A-Rama trademark owner files infringement suit

Many Americans have a distant childhood memory of the magical machines found at zoos, museums and amusement parks that created on the spot slightly-still-warm plastic souvenir animals and other figurines with seams down the backs where the two sides melded together.

Presidential tweet criticized for ... trademark misuse?

Some are still having a hard time accepting President Trump's use of Twitter to announce government policy or to express his personal or political opinions. One of his recent tweets, however, raised trademark issues when he modified the line "Winter is Coming" from the wildly popular HBO series "Game of Thrones." 

Little Tree car freshener trademark owner goes out on a limb

Virtually everyone who grew up in the U.S. and is alive today knows what a Little Tree car freshener is. An image of the successful product dangling from a car mirror immediately comes to mind at mere mention of the tree-shaped air freshener made to improve indoor air quality in vehicles. 

Don't let your mark commit genericide

At our law firm, we represent a wide variety of people and companies seeking to protect their branding in the marketplace from wrongful use. Protectable trademarks and service marks are typically words, logos, symbols, phrases and other similar devices for branding products and services. 

Color alone may in certain circumstances be trademarked

At our law firm, we help people protect their trade and service marks for brands, slogans, logos and similar ways to uniquely identify the source of a particular product, good or service in the marketplace. We also represent people being accused of infringing or diluting another party's mark. 

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