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The Trademark Blog

The Trademark Blog

Published by Martin Schwimmer

Non-Traditional Trademarks

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“Fender Loses Guitar ‘Copyright’ (sic) Case”

By Marty Schwimmer on April 3, 2009
Posted in Non-Traditional Trademarks

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

By Marty Schwimmer on December 5, 2008
Posted in Non-Traditional Trademarks

pine-tree-car-air-freshener.gif
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

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5th Circuit: University Color Schemes Protectable

By Marty Schwimmer on December 1, 2008
Posted in Non-Traditional Trademarks

lsu_logo.jpg
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

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Chooclate Bunny Suit

By Marty Schwimmer on November 21, 2008
Posted in Non-Traditional Trademarks

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

By Marty Schwimmer on May 28, 2008
Posted in Non-Traditional Trademarks

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

The Scent Of A Hotel

By Marty Schwimmer on September 17, 2007
Posted in Non-Traditional Trademarks

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

By Marty Schwimmer on September 16, 2007
Posted in Non-Traditional Trademarks

3m+purple+sandpaper.jpg
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…

“Nokia Trademarks Classic Guitar Score”

By Marty Schwimmer on September 15, 2007
Posted in Non-Traditional Trademarks

LAw.com Blog: Nokia Trademarks Classic Guitar Score

Protection For Octagon-Shaped Fighting Mat

By Marty Schwimmer on August 15, 2007
Posted in Non-Traditional Trademarks

ultimate fighting octagon.jpg
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.…

What TV Show Do You Want To Live In?

By Marty Schwimmer on July 11, 2007
Posted in Non-Traditional Trademarks

starship1.jpg
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.

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