The US Patent and Trademark Office (USPTO) has long made a habit of rejecting applications seeking to federally register curse words. However, a Supreme Court decision along with the musician Lizzo’s registration of “100% That Bitch” seems to have fully bucked this precedent. While the singer faced several hurdles, her victory begins a new chapter for intellectual property owners. Lizzo Trademarks “100% That Bitch” — With Some Pushback Just a few short years ago, there would’ve been no major surprises if the USPTO denied an application featuring the word “bitch.” The Lanham Act — America’s pr ..read more

Whiskey maker Jack Daniels is in a trademark fight that’s been going on for nearly a decade. VIP Products LLC manufactures a popular dog toy — known as “Bad Spaniels” — that looks almost identical to the iconic Jack Daniels rectangular bottle. While this may seem like a clear violation of trade dress, judicial disagreements have landed the case before the Supreme Court. And now, the Biden administration has weighed in. Jack Daniels VS Dog Toys It only takes one look at the Bad Spaniels dog toy to see exactly where the idea for the product came from. It has an identical shape to the whiskey bo ..read more

In the final days of their work, the House select committee investigating the January 6 attack on the Capitol released a trove of documents. Among them were records showing that Donald Trump sought to have the term “Rigged Election!” trademarked after his loss to Joe Biden. With the leader of the Free World spearheading the endeavor, why exactly is rigged election not the property of the former president? January 6 Committee and Trademark Interest In an email sent to Jared Kushner just days after Joe Biden was declared the winner of the presidential election, former Trump aide Dan Scavino tol ..read more

Something we don’t typically think of during the holidays is intellectual property infringement. However, Christmastime isn’t a time of giving when it comes to trademark law. For instance, there’s currently a battle brewing between the owner of the Black Santa trademark and an applicant seeking to register “My Santa Is Black.” The Grinch will no doubt enjoy the mayhem. Black Santa Claus Is in the Middle of a Trademark Fight Representations of Santa as a black magical being date back to at least the late 1800s in America. However, this doesn’t necessarily mean he belongs to the public. This is ..read more

Members of the rock band Guns N’ Roses have been open about their aversion to perceived lax gun laws in the past. This makes the band’s trademark infringement lawsuit all the more interesting. The music group claims that the Guns N’ Roses trademark is being misused by an online firearms store that calls itself “Texas Guns and Roses.” The legal dispute will no doubt shine a light on one of the most outlandish “one-stop shops” in history. Guns N’ Roses Trademark Case Filed in Court In a lawsuit filed in federal court, Guns N’ Roses accused Texas Guns and Roses of the “wholesale appropriation” o ..read more

On October 21, 2022, a federal jury in Southern California decided that Cardi B’s use of a tattoo on her album cover did not constitute copyright infringement. This decision was made even though the plaintiff’s tattoo was indisputably used to create the album artwork. While this may appear like just another day in court, the case seemingly flies in the face of a recent tattoo copyright case involving wrestler Randy Orton’s “ink.” This raises the question of when tattoo designs have intellectual property protections. Strangely enough, it’s starting to look like juries can’t make up their minds ..read more

For five seasons, the show Breaking Bad brought drug kingpin Walter White into homes across the globe. The chemist teacher who became a meth cook was at the forefront of one of television’s most critically acclaimed programs. That popularity continues today, and that’s one of the many reasons producers of the series filed a trademark opposition against a trademark application for Baking Bad. Breaking Bad Trademark Dispute On January 31, 2022, Sony Pictures Television filed a trademark opposition against Thomas Mihill. That name may not stand out to most people, but the term Baking Bad may rin ..read more

We live in an increasingly digital world. It’s imperative that the law keep up with changing tech trends, and a recently filed NFT trademark lawsuit seems ready to assist in this endeavor. Fashion bag designer Hermès — creator of the popular Birkin bag — has sued NFT creator Mason Rothschild over his MetaBirkins digital assets. Hermès Files NFT Trademark Lawsuit Over MetaBirkins Non-fungible tokens are one of the latest digital asset crazes to hit the market. It is a unit of data found on  blockchains — similar to cryptocurrencies — but they’re often represented by digital artwork, photo ..read more

In the world of modern marketing, social media influencers have carved out an interesting niche. They’ve established thought leadership in their industries, and once that happens, they have massive sway over their followers’ purchase decisions. A recent study from the United Kingdom, however, shows these influencers play a big part in counterfeit sales as well. The study comes from the Intellectual Property Office of the United Kingdom — the UK’s version of the U.S. Patent and Trademark Office. It delved into the purchase behaviors of those who follow influencers, and it discovered some inter ..read more

When TikTok was founded back in 2016, few realized that it would boast 1 billion users by September 2021. Its unexpected and meteoric rise very closely resembles that of cryptocurrency — digital coins that upwards of 50 million Americans are expected to buy in 2022. Surprisingly, a trademark application from TikTok seeking protection for cryptocurrency services seems poised to combine the two. In an application submitted to the U.S. Patent and Trademark Office (USPTO), TikTok has requested trademark rights over its TikTok brand name for cryptocurrency services. While the social media giant mi ..read more