What’s in a Name?
It’s one of those things that you know, but it’s rarely front of mind. You never think about it, but you’re bombarded by it daily. A NAME embodies a whole effort. When you reference your efforts in business–whether for profit or non-profit–at a certain time you use a name, or a symbol, or a sound or something else to identify those efforts (i.e., a “NAME”). Unilever does. UNICEF does, too. You see, that NAME may tell people your professional association certifies a product, it may tell folks you made a product or you offer a service, or it may be… [read more]
What Do Chevrons, Stripes & Romance Have in Common? A US Supreme Court Decision!
If you thought that US Supreme Court justices lacked romantic proclivities, you’re wrong! Some months ago, in a conversation between the justices about a very important copyright issue involving fashion, Justice Stephen Breyer stated, “The clothes on the hanger do nothing. The clothes on the woman do everything.” Justice Elena Kagan immediately interjected with, “That’s so romantic!” Romantic or not, the justices were determining whether or not a feature of a useful article is protectable under Section 101 of the Copyright Act. Star Athletica, LLC v. Varsity Brands, Inc. This case involves two large manufacturers and distributors who compete in… [read more]
Illinois Church Adds Zeros to Adidas’ Legal Bills
We admit we are talking about Adidas a lot lately, but that is because (i) we truly love their gear, and (ii) they have really been active. After some bruising encounters with United States trademark law, Adidas SA recently found itself on the ropes again, this time at the hands of a church in Zion, Illinois. The marks in question are a study in phonics: ADIZERO running shoes by Adidas vs. ADD A ZERO hats by Christian Faith Fellowship. In 2005 a small congregation by the name of Christian Faith Fellowship, based in Zion, Illinois, registered a wordmark and a… [read more]
Stripes: Adidas Files Notice of Opposition to Soccer Club FC Barcelona’s Trademark
The most interesting grudge match in professional soccer this season isn’t between FC Barcelona and Real Madrid, but rather the intellectual property lawyers representing Barcelona and footwear giant Adidas. “Kit” sponsoring–sponsoring the uniforms of a team–is a highly competitive business dominated by Nike and Adidas. For example, Adidas pays top-rated Manchester United €83.5 million a season for the privilege of providing uniforms emblazoned with its three-stripe logo. Never one to shy away from defending its brand, Adidas opened a new front in its rivalry with Nike the day after Nike signed a deal for a kit design and sponsorship with… [read more]
9 Changes in EU Trademark Reform
As of March 23, 2016, the European Parliament brought new changes into effect relating to the Community Trade Mark System, also known as Regulation (EU) 2015/2424. The Community Trade Mark System (CTM), created in 1996, allowed brand owners to obtain registered protection for trademarks using one European Union (EU) filing. Filing one single trademark application carried forward to each of the 28 EU member states. The system has changed names and has some new rules to consider. 1. The First Key Change to the CTM is the Nomenclature. Both the system and the agency are now called European Union Trade… [read more]
Are You Risking Your Brand Equity?
When people start a business, they tend to focus on their business objectives and goals: the products, services, relationships, as well as administrative and other internal business structures required to make their business efficient. After a while, the business name becomes connected with a certain type of product or service. That connection is trademark identification and the value builds with the goodwill and brand equity that are the embodiment of your hard work, time, and other investment. Business owners purchase their marketing ad campaigns, business cards, word of mouth, even Google Adwords—using their business name. Unfortunately, people don’t often think… [read more]
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