What’s scandalous these days? Donald Sterling’s comments? Or does anyone even remember him anymore? I can’t keep up with the number of scandals that shock the world (at least online) and then quickly fade away. Fortunately, we can look to the hardworking folks at the US Patent and Trademark Office’s Trademark Trial and Appeal Board. They are charged with the solemn duty of refusing to register scandalous trademarks. Truly, they are America’s last line of defense against, um, attaching an ® symbol to a product or service name that involves a slightly rude word, I guess. So, gather your wits…
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Keep it Legal Blog
Copyright Issue: Can You Play Music in Your YouTube Videos?
July 30, 2014
YouTube star Michelle Phan, who posts videos about makeup, has been sued by the Ultra recording and publishing companies (we’ll just call them “Ultra”). The suit alleges copyright infringement based on the music soundtracks in Phan’s videos. As of this writing, Phan’s YouTube channel has 6,749,142 subscribers and 981,217,011 views, so, while her videos may not be everyone’s thing (I don’t happen to watch a whole lot of makeup tutorials myself), there are big dollars and a lot of viewer eyeballs at stake. So – can you play music in your YouTube videos?
Applebee’s No Tech Tuesday Trademark Application
July 22, 2014
Applebee’s, the restaurant chain, has filed an application with the US Patent and Trademark Office (USPTO) to protect the phrase NO TECH TUESDAYS as a trademark. The application applies to the following services (beware – trademark law involves a lot of capital letters): RESTAURANT AND BAR SERVICES, INCLUDING RESTAURANT CARRYOUT SERVICES. But has Applebee’s damaged its chances at a trademark registration with statements made about the application to the press?
Craft Beer Trademark Battle: Full Sail Session
July 15, 2014
Welcome to another in my ongoing series of posts on craft beer trademark battles. This one is a little different from the rest. Hood River, Oregon’s Full Sail Brewing is best known for its Session Lager, which, according to their website, “comes in a stubby, 11-oz bottle like your grandpa used to buy.” Well, not my grandfather, maybe yours. Full Sail recently filed a complaint for trademark infringement and dilution against Georgia-based The Sessions Law Firm, LLC (we’ll call them “Sessions Law”). What does a brewery have to do with a law firm?
