The Team Who Will Not Be Named: The Redskins and Slate

This week, Slate announced that it would stop referring to the NFL team from Washington, DC, as the Redskins.  With this decision, Slate joins Washington’s City Paper, as well as the Buffalo News and the Philadelphia Daily News, in their refusal to use the Redskins moniker. Litigation over the Redskins trademark has been protracted and convoluted.  Substantively speaking, the litigation has focused on disparagement, which allows a trademark registration to…

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Bye, Bye Big Brands, Twinkie, Ding Dong: Hostess Brands, Inc. Liquidating

Ghostbusters, Die Hard, my lunch in grade school all had Twinkies (OK my lunch also alternated with Ding Dongs). In Ghostbusters the Twinkie symbolized psychokinetic energy, in Die Hard it substituted for a cop’s doughnuts, in my lunch it was I guess dessert but substituted for real food. The Wall Street Journal reports, however, that the era is over. Hostess Brands, Inc. is seeking permission to liquidate the company. It’s…

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My Brand Journey, Part I

Right out of law school, brands were on my mind. I began at Quinn, Emanuel and learned trademark law practice there. I picked up on the way companies such as Mattel, the Academy of Motion Picture Arts and Sciences (think Oscar Awards), Lockheed Martin, and others thought about trademarks. They called them brands. My paper with Sandy Rierson, Confronting the Genericism Conundrum started my work on the topic. We looked…

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Brief Initial Thoughts on Apple v. Samsung

Mike sent out the call for some commentary on this case, and I thought I would oblige. I don’t have time for a detailed post; I’m too busy getting ready for the first day of school on Monday. Of course, I seem to have enough time to do interviews, so might as well post some thoughts here. So, here are my top 6 takeaways: 1. The jury hated Samsung. Perhaps…

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Understanding the Apple v. Samsung trial

If you want to learn more about the details of the important trial going on between these two titans, be sure to check out coverage at Groklaw. Their coverage of trials like this is second to none – discussion of testimony, exhibits, dockets, etc. I’ve tried to add to the discussion a bit with a basic, generalized discussion of design patent and trade dress issues presented in the trial. That…

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