Trademark Blog » Non-Traditional Trademarks

"Fender Loses Guitar 'Copyright' (sic) Case"

Marty Schwimmer — Fri, 03 Apr 2009 17:57:12 +0000

Music Radar: Fender Loses Guitar Copyright (sic) Case:

Guitar makers Fender have lost an application to make its Stratocaster, Telecaster and Precision guitar body shapes a trademark in the USA.

Configuration of Tree Design 'FRESHNER' Suit

Marty Schwimmer — Fri, 05 Dec 2008 17:25:18 +0000

Owner of product configuration registrations in tree shape for FRESHNER air freshener sues over use of tree-shaped odor-killers. Coverage here.
UPDATE: Apparent the FRESHNER people sued Old Navy previously.
Complaint Air Freshener

Publish at Scribd or explore others:

5th Circuit: University Color Schemes Protectable

Marty Schwimmer — Mon, 01 Dec 2008 23:42:55 +0000

5th Circuit rules that universities may claim trademark in color combinations.
Commentary here.
Law.com article on lower court decision last August.
LSU Purple and Gold Shop here.
LSU v Smack

Publish at Scribd or explore others:

Chooclate Bunny Suit

Marty Schwimmer — Fri, 21 Nov 2008 22:57:40 +0000

Bloomberg: “Lindt Defends Chocolate Bunny Rights in Eurpose at Top EU Court“:

Lindt & Spruengli AG’s European trademark rights on a chocolate Easter bunny wrapped in gold foil were gained “honestly and fairly” and it should be able to block copies, Lindt told the European Union’s highest court.

Dispute Over A Purplish Red

Marty Schwimmer — Thu, 29 May 2008 00:39:45 +0000

Engadget: DT loses suit over the color magenta. Background here. HT Jay.

The Scent Of A Hotel

Marty Schwimmer — Mon, 17 Sep 2007 18:20:31 +0000

NY Times: Eau de Hotel
Luxist: Will A Scent Make You Choose A Hotel?
LA Times: Sniff. Say, ‘Ahh’ or ‘Achoo!‘
NY Times: Scent Machines in Hotel Rooms

Purple Found To Be Functional for Sandpaper

Marty Schwimmer — Sun, 16 Sep 2007 18:31:10 +0000

TTABlog: “TTAB Finds the Color Purple to be Functional for Sandpaper”:
“Opposer Saint-Gobain claimed functionality because “purple is a by-product of the manufacturing process, and purple is used in color-coding.” . . . The Board, however, found that “with respect to competitive need … opposer has set out a prima facie case that coated abrasive manufacturers have to be able to use various shades of purple, including applicant’s.”
. . .
As to color coding, the Board was not convinced that third parties would necessarily have to use purple, but it did find that “[i]n the field of coated abrasives, color serves a myriad of functions, including color coding, and the need to color code lends support for the basic finding that color, including purple, is functional in the field of coated abrasives having paper or cloth backing.”
The Board further observed that “[a] deep purple color would be one of a small number of dark colors that would help manufacturers dye their products to avoid streaking or other imperfections.”

"Nokia Trademarks Classic Guitar Score"

Marty Schwimmer — Sun, 16 Sep 2007 02:46:09 +0000

LAw.com Blog: Nokia Trademarks Classic Guitar Score

Protection For Octagon-Shaped Fighting Mat

Marty Schwimmer — Wed, 15 Aug 2007 22:04:13 +0000

WSJ Law Blog: “Octagon: The Trademark of Ultimate fighting Championship.”
“. . . Another mixed martial arts promoter has infringed upon UFC’s trademark of the octagon — the same eight-sided shape that tells drivers to STOP on the road — according to a ruling late last month by a federal judge in California. That’s right: UFC’s owner received a trademark on the octagon-shaped fighting mat back in 1998, and the court ruled UFC established common law rights on the eight-sided fence as well.

What TV Show Do You Want To Live In?

Marty Schwimmer — Wed, 11 Jul 2007 18:29:08 +0000

This guy built the bridge of the star ship Voyager in his apartment and sold it. 43(B)log comments on the possible TM and (c) aspects.