Location, Location, Location – The issue of descriptiveness in Canadian Trademark Applications

Can you register the name HOLLYWOOD for films and entertainment services? What about MUNICH for beer and pretzels? A resident of Haliburton recently registered the trademark HALIBURTON in association with various goods, causing much debate and controversy amongst the local government officials – particularly in light of recent case law in Canadian trademark law.

Louis Vuitton fails to see the humour – My Other Bag succeeds with parody defense.

Louis Vuitton fails to see the humour – My Other Bag succeeds with parody defense.

Louis Vuitton Advised to “Smile or Laugh”, Not Sue

We have all seen the bumper sticker: My other car is a Porsche.

And the bag: My other bag is a Louis Vuitton.

Do they make you feel any less of Porsche or Louis Vuitton?

A U.S. District Court Judge has found that My Other Bag’s use of Louis Vuitton on its canvas totes does not amount to trademark infringement.

Second Quarter – Redskins on the Defence

Update on the Washington Redskins Trademark dispute

As was discussed in our previous blog here, Section 2(a) of the Lanham (Trademark) Act (U.S.) prohibits the registration of trademarks which are scandalous, immoral, or disparaging. In July 2014, six federal trademarks belonging to the Washington Redskins were cancelled as each of the six marks were found by the Federal Court to be disparaging to Native Americans.

Immoral Trademarks

Most trademark owners are aware that their trademark may be opposed or challenged on the basis that it is descriptive, generic or confusingly similar to another registered trademark.  Less well known is the fact that trademarks can be invalidated or expunged if they are obscene, immoral, deceptive, or scandalous.

Staying Onside with FIFA: Trademarks and the World Cup

The World Cup attracts some of the biggest brand name sponsors in the world including Adidas, MacDonald’s, Sony and Budweiser.   FIFA official partners reportedly pay $20-50 million per event to take part as sponsors in the World Cup. This year the total financial contributions to FIFA by the 20 official business partners of the World Cup reached an estimated $1.4 billion.

A Wise Choice – New all-encompassing Trademark and Brand Protection Services from WISES

Effective brand development and protection goes far beyond trademark registration.  Intellectual property rights are just one element of a brand.  As a business operator, you must the elements of your brand that you have secured legal rights to are the same elements that resonate with the market.