Donkey Kong and King Kong Are Not the Same Ape.

If you’ve read our blog religiously, you’ll know that I often write about intellectual property and video games (or, cartoons). Well, its been awhile, and in 2020, levity is required! So, today, we’re talking about the two most famous (fictional) apes of all time – Donkey Kong & King Kong – and the epic intellectual … Read more

Booking.com: More Changes to Trademark Law

Things have been pretty exciting in trademark law over the last few years. The Slants won a case in the Supreme Court to protect their band’s name – overturning a longtime precedent of the USPTO barring trademark protection for “disparaging terms.” Now, the Supreme Court is at it again – ruling against the USPTO and … Read more

Putting It All Into Focus

Here we are. We know our company has value and so does the trademark.  That means I often look at it through a final set of lenses.  Those are succinctly put: Offense Defense Increase value Other third party considerations (a/k/a Amazon told me to) Offense:  Are we wanting to swat down people trying to pretend … Read more

Know Your Numbers

After last week’s post, we know that for a federal trademark we need to have interstate commerce, often because we are selling across state lines.  So let’s pretend that we know we can apply for federal registration based on sales. Now, we have to decide if it is a strong trademark:  Is this mark protectible?  … Read more

What is a Trademark Disclaimer, Anyway?

Taking a slight break from the current news and topics this week to talk about our favorite topic at OG+S: trademarks. A Little Background: Not every word or phrase in the universe can be trademarked. Specifically, words that are generic or descriptive (without something more) cannot be protected. It sounds complicated, but most of the … Read more

First to File? First to Use? It’s Not the Same Everywhere! Thoughts on Trademark Strategy for Global Companies:

Trademarks are our jam at OG+S. This post is a short one about trademark strategy and what to think about if your brand has a global reach. First to Use: In the United States, we have a “first to use” system when it comes to trademarks. What that means is that the Company who uses … Read more

Stand for Something…or Fall for My Perfume

Speaking at the Deutsche Bank Global Consumer Conference, Unilever’s CEO Alan Jope said: “We believe the evidence is clear and compelling that brands with purpose grow. In fact, we believe this so strongly that we are prepared to commit that in the future, every Unilever brand will be a brand with purpose.”  That seems to … Read more

Duke vs. Duke – The Epic Trademark Battle That Never Happened

Alright everybody, file this one under: “Wow, he really likes video games and cartoons.” After my last fun post about Crazy Taxi, I got to thinking about two more great characters from my childhood – Duke Nukem (of Apogee \3d Realms fame) and Duke Nukem (Captain Planet’s radioactive nemesis). How could two identically named characters … Read more

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