IP Infringement and Tort Law
I’ve often wondered whether it is technically correct to refer to intellectual property infringement as a species of tort law. … Read More »IP Infringement and Tort Law
Trademark Law
The Governator Mark II
I was reading in Entertainment Weekly (yes, even IP profs have some downtime) about Arnold Schwarzenegger’s forthcoming comic book and… Read More »The Governator Mark II
Genericide Alert: Xerox and Photocopiers and Things. Oh My.
Note the deposition transcript excerpted here, in which the witness appears unable to understand the question, “Do you have a… Read More »Genericide Alert: Xerox and Photocopiers and Things. Oh My.
The Importance of Brand Names
In an age where many argue that trademarks are getting over enforced, I thought this post was a nice reminder… Read More »The Importance of Brand Names
A Terrible Towel Trademark Tale
Two years ago, with the Pittsburgh Steelers on the cusp of winning their sixth Super Bowl title, I mused in this blog post about the validity of trademark registrations in the iconic Terrible Towel. My takeaway: There are substantial reasons to doubt the marks’ validity, even if it is extremely unlikely that anyone would raise a validity challenge.
Has the time come for such a challenge? Today, with the Pittsburgh Steelers on the losing end of a bid for a seventh Super Bowl title, I learned that lawyers representing the marks’ owner, the Allegheny Valley School (near Pittsburgh), have sent a cease and desist letter to the developer and distributor of a Terrible Towel “app” for the Android mobile operating system. More below the jump.
Read More »A Terrible Towel Trademark Tale