Actor Alfonso Ribiero played nerdy guy Carlton on “The Fresh Prince of Bel Air” back in the last century. One of the greatest scenes from the show was when Cartlon, home alone, dances wildly to Tom Jones’ hit “Its Not Unusual.” The dance became his signature move and dubbed The Carlton. Now two video game… Continue reading Will Alfonso Ribiero Win His Lawsuit Against Fortnite Over “The Carlton Dance?” (Hint: No)
Category: Trademark Law
SCOTUS to Decide If “Scandalous” “Immoral” Terms Can Be Trademarked
In a case that presents a crossfire of First Amendment and intellectual property issues, the Supreme Court heard arguments yesterday in a case involving an Asian-American band that calls itself “the Slants.” The Slants had been denied a trademark for their name by the US Patent and Trademark Office (USPTO) under a Federal law that… Continue reading SCOTUS to Decide If “Scandalous” “Immoral” Terms Can Be Trademarked
“3:05 Cafecito Time” Case Shows Limits of a Good Idea
I’m sure Jenny Lee Molina, the founder and principal of the Miami public relations firm JLPR, publicist JennyLee Molina, thought she struck gold when she came up with “#305Cafecito” to designate 3:05pm as the official time in Miami to grab a little cup of Spanish coffee (“un cafecito”). After all, 305 is the area code… Continue reading “3:05 Cafecito Time” Case Shows Limits of a Good Idea
Whose Skyline Is It Anyway?
Looks like the Port Authority of NY and NJ which operates many of the City’s tunnels and bridges and the World Trade Center site, has finally moved off of BridgeGate and corruption issues and to to bigger fish. Specifically Fish’s Eddy, a quirky NYC housewares store. The NY Times reports today that Port Authority Lawyer… Continue reading Whose Skyline Is It Anyway?
POM v. Coca-Cola Case Gets Supremes’ Attention
While the Supreme Court this week declared the good news that racism in America is over, allowing States to ban the use of affirmative action in public universities, it was also hearing arguments in a case that sounds trivial but could have a huge impact on esoteric world of food-labeling. Before POM Wonderful LLC started… Continue reading POM v. Coca-Cola Case Gets Supremes’ Attention
US Patent Office Denies Trademark Request for “RedSkin Potatoes” As Derogatory and Confusing
Last month, an examining attorney for the United States Patent and Trademark Office (USPTO) has rejected a Washington State potato company’s application to trademark “Washington Redskin Potatoes,” in part because the name could be seen as derogatory to Native Americans. The ruling could mean trouble for the Washington Redskins football team, as the USPTO is… Continue reading US Patent Office Denies Trademark Request for “RedSkin Potatoes” As Derogatory and Confusing
Candy Crush: From Annoying Game to Trademark Troll in 3 Easy Steps
Having been constantly inundated with request by friends to play Candy Crush Saga on Facebook, I confess to not being a fan of the game. But I write this post as objectively as possible nevertheless. For those who don’t know, Candy Crush Saga is a Facebook Game and mobile phone app that is a version… Continue reading Candy Crush: From Annoying Game to Trademark Troll in 3 Easy Steps
NY Fed.Court: Starbucks Can’t Stop Coffeehouse from Selling “Charbucks” Coffee
Starbucks received a big legal blow last week when the Second Circuit (NY’s Federal Appeals Court) held that use of the phrase “Charbucks” by a New Hampshire coffeehouse does not dilute the “Starbucks” trademark. The Black Bear Coffee Micro Roastery in New Hampshire began marketing “Charbucks Blend” and “Mister Charbucks Coffee” in 1997 and was… Continue reading NY Fed.Court: Starbucks Can’t Stop Coffeehouse from Selling “Charbucks” Coffee
NY Federal Court Rules Website Design Not Protectable Trade Dress
Companies spend lots of money these days on their website design. For many businesses, their website is their only portal to obtain new clients; for others, its a large part of their marketing strategy; and for the rest its at least their company’s main presence on the web. So its perfectly understandable that a business… Continue reading NY Federal Court Rules Website Design Not Protectable Trade Dress