USPTO Pulling Up the Ladder On Picture-Word Equivalency in Assessing Trademark Rights?

By | DuetsBlog | March 20, 2017
A recent stroll through the Minneapolis skyway and the above construction billboard reminded me that we haven’t discussed the picture-word equivalency doctrine in trademark law for some time. Judging from the supersize nature and precise placement of the ® federal registration symbol next to the ladder logo shown above, you’d think that City National Bank is the proud owner of a federal service mark registration for the ladder logo — standing or leaning all alone — inconnection with banking and financing services. View Full Post
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Stripe Three, Adidas Called a Trademark Bully

By | DuetsBlog | March 7, 2017
Trademark bullying allegations are in the news again. Not only is Forever 21 calling Adidas a trademark bully for asserting rights in the three stripe design mark, it is asking a federal court to say it has not done anything wrong and award it fees: “Tired of operating with a cloud over its head with regard to its right to design and sell clothing items bearing ornamental/decorative stripes, and unwilling to stop doing something it has every right to do and pay a bully to leave it alone, Forever 21 has decided that enough is enough. View Full Post
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Congratulations to Howard University’s 2017 McGee National Civil Rights Moot Court Team

By | DuetsBlog | February 27, 2017
HowardMcGeeTeam It’s not every year that participants in the William E. McGee National Civil Rights Moot Court Competition need to understand the various nuances of federal trademark law. Yet, with the Lee v. Tam case pending before the U.S. Supreme Court, and Section 2(a) of the Lanham Act hanging in the balance, this was such a year for more than fifty competitors. View Full Post
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