Erik K Pelton

MAY 10, 2023

Inspired by the 50th Anniversary of Pink Floyd’s album Dark Side of the Moon and its iconic cover, Erik reflects on how the trademark registration process is much like a prism. The post The Bright Side of a Trademark Registration appeared first on Erik M Pelton & Associates, PLLC.

Registration 130

Registration Trademark 130

43(B)log

FEBRUARY 3, 2024

Doesn’t totally deal w/Lanham Act 43(a) claims, but it’s notable that your precedents on the false advertising side are California consumer protection claims. Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? Beer Nuts, Bulls’ Eye v.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. When things are happening en masse at a business, just as in the TM system, w/o individualized attention and with a different agenda than the law’s, you can see the law’s protective features be minimized. Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45

LexBlog IP

SEPTEMBER 11, 2023

In a precedential decision the Trademark Trial and Appeal Board (“Board”) affirmed a refusal to register a character featured in a video game on the grounds that the proposed design mark failed to function as a trademark. Applicant appealed to the Trademark Trial and Appeal Board (“TTAB”). In re Joseph A.

Trademark 52

Trademark Registration Designs Design 52

43(B)log

JULY 18, 2022

Vintage counterclaimed, alleging that Penn State’s registrations were invalid and should be cancelled on account of the ornamentality of the use. and they] do not identify and distinguish Penn State’s goods from those of others and, therefore, do not function as a trademark.” is purely ornamental or merely a decorative feature[,].

Registration 86

Registration Trademark Licensing Branding 86

The TTABlog

AUGUST 31, 2023

According to Stallard's application, "[t]he mark consists of a woman video game character named Maria, with a tilted head, dark messy hair, dark eyes, thin rimmed glasses and a large toothy smile, with her eyes looking to the side and strands of her hair in front of her eyes." In re Joseph A. Stallard , Serial No. emphasis added).

Trademark 70

Trademark Social Media Designs Design 70

43(B)log

FEBRUARY 24, 2023

UCLA School of Law Mark Janis: 1 st day of TM: students’ experience of brands as used by owners & 3 rd parties is so disconnected from the historical traditions of TM. Anachronism may give away too much by suggesting the cause of disconnect is the passage of time—that might not be true or might be partly true. Disconnect yes, anachronism maybe.

Trademark 49

Trademark Branding Brands Branding 49