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Famous athletes commonly trademark their names and jersey numbers. Indeed, Shaquille O’Neal owns “Dunkman” for apparel and accessories, “Shaq-Fu” for books, softdrinks, and video games, and “Shaq Attaq” for clothing and footwear. Shaq even trademarked his signature. Similarly, Tim Tebow holds the trademark for “Tebowing,” which is the kneeling prayer stance he took before games. Not only do these sports icons trademark their personas, many also seek protection of inspirational slogans or phrases. Back in 2007, the Lance Armstrong Foundation registered “Livestrong.”  More recently, LBJ Trademarks LLC, owned by Lebron James, trademarked “Nothing is Given. Everything is Earned.” Olympic sprinter…

Scientific research has consistently confirmed that olfaction is strongly associated with memories and emotions. As such, the use of this less-exploited sense as a marketing ploy provides an advantage over other crowded channels, such as visual or auditory. Earlier this year, Hasbro filed an application for registration of the scent of its Play-Doh toy modeling compound as a trademark. Trademarks serve to distinguish the products and services of one company from those of a competitor in the minds of consumers. Trademarks are commonly words, designs, or combinations thereof, but other non-traditional trademarks, including scent, have been recognized by the U.S.…

In the past, the general impression has been that trademark law in China weighed heavily in favor of local companies over foreign brands. This has proven problematic for many global companies due to the fact that the need to think about intellectual property protection in China is an inevitable reality. Then, at the end of last year, Michael Jordan received a rare ruling in favor of a foreign brand in a Chinese court. The basketball legend had sued Qiaodan (Michael Jordan’s Chinese name) Sports in 2012 claiming the local company had built its business around his name and famous jersey…

Classic trademarks consist of word or graphic elements or a combination of the two. However, a trademark may consist of colors, sounds, or even shapes of goods. Various candy manufacturers have taken advantage of this by requesting registration of the designs and shapes of their treats as a trademark. For instance, Hershey was granted trademark protection for its classic chocolate bar being described as “a configuration of a candy bar that consists of 12 equally-sized recessed rectangular panels arranged in a four panel by three panel format with each panel having its own raised border within a large rectangle.” The…

Rasta Imposta, a small costume company, sued Kmart for copyright infringement after the retail store discontinued carrying the company’s banana costume. Instead, Kmart switched to another company and Rasta Imposta alleges the current Kmart costume has the same shape, lines, and cutouts of its banana costume. Moreover, the complaint continues, even the model displaying the costume is adorning it in a similar fashion with black pants and dress shoes. Rasta Imposta’s argument relies on a recent Supreme Court ruling on the copyright status of cheerleading uniforms. In that case, the Court held the uniform was eligible for copyright protection to…

In addition to a host of technical and design patents Apple holds on the technology itself, the company also patents its packaging design. Not only is Apple concerned with how a product fits comfortably inside its box, it also aims to maximize the user experience from the time the consumer picks up the box to when they remove the product. As such, Apple’s boxes appeal to visual and tactile senses alike. When a user moves to lift the lid from an Apple box, one notices how the lid slowly glides apart from the bottom, creating anticipation before the big reveal…

Pharmaceutical giant, Allergan, may have found a loophole in the patent system to extend its monopoly over its drug, Restasis. Generic drugmakers sought to invalidate Allergan’s patents on the dry eye medication in order to introduce generic, less expensive versions of the drug to consumers. These companies, led by Mylan, brought suit in district court as well as an inter partes review (IPR) proceeding before the U.S. Patent Trial and Appeal Board (PTAB), a process which makes patent challenges easier and less costly. In order to avoid IPR, which is simultaneously celebrated by patent challengers and loathed by drugmakers, Allergan…

The year-long trademark dispute between the Escobar family and Netflix reignites after a Netflix scout was found dead after suffering from multiple gunshot wounds in a cartel-dominated area near Mexico City. The location manager was scouting a site for filming “Narcos,” a popular Netflix series, the first two seasons of which chronicle the life of Pablo Escobar from the time he first began manufacturing cocaine through his career as an infamous Columbian drug lord. Escobar is survived by his brother, Roberto De Jesus Escobar Gaviria, who seeks to protect his legacy from alleged intellectual property violations by the streaming service.…