trademark

What is the sound of a Brandless brand?

Put your bean-to-bar chocolate and artisanal avocado toast aside, there’s a new trend making waves with Millennials – brandless brands. Or, more accurately, the Brandless™ brand.

Decision Entered in Favor of Partridge Partners’ Client The Terminix International Company L.P.

On November 23, 2016, a Resolution Canada Panel issued a decision in favor of Partridge Partners’ client The Terminix International Company L.P. (“Terminix”) for the domain name <terminix.ca>. View decision here. Terminix is one the leading providers of termite and pest control services in the world safeguarding millions of homes and businesses against all types of pests.

Implications Of “Brexit” on International Trademark Rights

The United Kingdom (“UK”) recently voted in a historic measure to withdraw its status as a member state of the European Union (“EU”). This move, popularly coined as “Brexit,” is the first such cessation in EU history and implicates myriad international laws, including intellectual property rights. That being said, the Brexit referendum is advisory and instigates a negotiation period that may last years.

ServiceMaster Clubs The Competition

Simply registering a .CLUB domain name doesn’t classify you as a “fan” in the eyes of the Uniform Rapid Suspension (URS), as a recent panelist determined. Although a registrant may have legitimate interests in a “fan site” that incorporates a trademark in the domain name, such use should be clearly distinct from an official site and should be noncommercial in nature.

Partridge Recognized on List of World's Leading Trademark Professionals (WTR 1000)

Once again, World Trademark Review (WTR) has recognized Partridge Partners PC (formerly Partridge & Garcia PC) Managing Partner, Mark VB Partridge, in its newly issued World's Leading Trademark Professionals 2016 listing http://worldtrademarkreview.com/wtr1000.

A Well Tread Path for the Riverwalk Trademark

Last month, Michigan Probate Judge Terrance Keith filed applications to register RIVERWALK DETROIT and THE DETROIT RIVERWALK trademarks for use in connection with various clothing items. These applications have drawn the attention of some news outlets because the Detroit RiverWalk, a path stretching about 5 miles along the Detroit River shoreline, is managed by the Detroit Riverfront Conservancy, a nonprofit with no apparent connection to the trademark applicant.

No Tampering with Free Speech: Disparagement Provision Deemed Unconstitutional

A number of professional and collegiate teams are resting a bit more easily after a recent ruling from the U.S. Court of Appeals for the Federal Circuit (CAFC). After an en banc ruling, the CAFC held that the statutory prohibition against registration of “disparaging marks” is an unconstitutional governmental regulation of speech. In re Tam, No. 2014-1203 (Fed. Cir. December 22, 2015).

Night of the Living Defense: Pinterest Loses Trademark Battles in U.S. and U.K.

Guest Post from Amanda Bacoyanis

October, at least in these United States of America, is the spooookiest month of the year. People celebrate the macabre by wearing costumes, decorating their houses to look like graveyards, and generally getting into the spirit of Halloween. It’s usually good month for Corporate America as sales for candy, costumes, and decorations experience a much needed bump leading into the winter holiday season. For Pinterest, however, this October of 2015 has been a frightening one, and for all the wrong reasons.

LAND O LAKES: A Lesson in Laches

Remember the basics: if you sleep on your rights you lose them. That was the controlling principle in our most recent trial victory. It’s a critical point for all brand owners: develop a sound enforcement program, deal with problems when they are small, and avoid the loss of rights through neglect.

Land O'Lakes Can't Wrest Trademark From Tackle Co.

In the case Hugunin, et al. v. Land O’Lakes Inc., Land O’Lakes Inc. lost its bid to block a fishing tackle company from using a name nearly identical to its own after an Illinois federal judge found that the dairy cooperative waited too long to push its trademark dilution claim.

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