In the pilot episode of Fox’s smash-hit series Empire, Cookie Lyon, explaining why, after her release from jail, she’s returning to her husband Lucious Lyon’s fictional record label, Empire Entertainment, says simply: “I’m here to get what’s mine.” This is, of course, in reference to the formerly-jailed matriarch having taken the rap for Lucious to the tune of 17 years behind bars for drug-running while he built his music “empire.” Coincidentally, it also may sum up the thinking over the last couple of months …
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Oprah Free to Say “Own Your Power”
On Thursday, U.S. District Judge Paul Crotty ruled that Oprah Winfrey may use the phrase “Own Your Power,” ending a trademark battle that started in 2011. Ruling in favor of Oprah, the judge found that Oprah demonstrated that the phrase “lack[ed] the requisite distinctiveness” to warrant trademark protection.
The suit was brought by Simone Kelly-Brown, a motivational speaker and business coach, who runs Own Your Power Communications, Inc. She argued that the phrase was registered in 2008. Then in 2010, the Oprah …
Continue ReadingWashington Redskins Argue a Violation of their Free Speech
The Washington Redskins fought back against the recent decision by the US Patent and Trademark Office cancelling the team’s trademark protection over the use of the term ‘redskin’ as many Native American groups find it disparaging.
The court papers filed Monday by the team argue the law denying registration of disparaging trademarks is unconstitutional because it infringes on the team’s First Amendment right to free speech. The team’s attorneys argue the cancellation of the trademarks disfavors the team and singles them out, “interfering with the …
Continue ReadingUS Gov’t Joins Fight Against “Redskins” Trademark
On Friday, January 9, the United States Department of Justice filed a notice of intervention with the Eastern District of Virginia to intervene in the lawsuit between Washington’s football team and the Native American group, who successfully petitioned to have the team’s trademarks revoked.
The lawsuit stems from a June ruling by the US Patent & Trademark Office that revoked six of the Washington football team’s trademarks as the term “Redskin” was determined to be disparaging to a substantial amount of Native Americans during the …
Continue ReadingRedskins Suit Against Native Americans over Trademarks Goes Forward
A federal judge in Virginia decided to hear the Redskins’ suit against a group of Native Americans over the U.S. Patent and Trademark Office’s decision to cancel the Redskins trademark registrations.
In a suit brought by a Native American before the Trademark Trial and Appeal Board (“TTAB”), the U.S. Patent and Trademark Office (“USPTO”) decided in June to cancel the Redskins six trademark registrations because the name was “disparaging to Native Americans.” The team filed a federal lawsuit to overturn that decision.
Following the Redskins …
Continue ReadingAnother Hurdle for the Washington Redskins Fight for Trademark Protection
In June, a group of five Native Americans successfully challenged the Washington Redskins’ trademark as disparaging. Now, the five Native Americans asked a federal judge to dismiss the team’s counter-lawsuit to reverse the U.S. Patent and Trademark Office’s (USPTO) decision. The Native Americans filed a motion in U.S. District Court arguing that the team does not have a legal right to sue the five Native Americans to reverse the USPTO’s ruling.
After the USPTO ruled in favor of the Native Americans, the Washington Redskins …
Continue ReadingWashington Redskins Claim Trademark Cancellation Unconstitutional
On Thursday, August 14, The Washington Redskins football team filed a complaint in the united states district court for the eastern district of Virginia against the five petitioners who sought the cancellation of their six federal trademark registrations protecting the term “Redskins.” The complaint seeks to have the petitioners’ victory overturned, reinstating the trademarks.
In June, a three judge panel, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office cancelled the team’s six federal trademarks protecting their name, “Redskins.” The judges …
Continue ReadingTrademark-Bullying Against Bills Fans
Texas A&M, the owner of the “12th Man” trademark, filed two complaints against four Buffalo Bills fans who infringed on the trademark when they included the term in their website 12thManThunder.com. The fans may not have known, but the Bills have been paying Texas A&M licensing fees to use the term on the Bills Wall of Fame.
The story then became rather emotional than legal when it was known that one of the Bills fans is Charles “Chuckie” Sonntag, a double amputee who had …
Continue ReadingWashington Redskins Trademark Registration Cancelled
The Washington Redskins six trademark registrations have been cancelled by the U.S. Patent and Trademark Office. The office reasoned that the registrations were “disparaging to Native Americans at the respective times they were registered.” Reviewed by the Trademark Trial and Appeal Board, the decision was based on federal trademark law that prevents registration of trademarks that “may disparage” certain groups or individuals or “bring them into contempt or disrepute.”
… Continue Reading“The Trademark Trial and Appeal Board agreed with our clients that the team’s name and trademarks
Merriman Lawsuit May Be “Lights Out” for Nike
Former NFL linebacker Shawne Merriman is suing apparel giant Nike. Merriman’s company, Lights Out Holdings LLC, filed suit in California claiming that Nike infringed his trademark in “Lights Out” after Nikeintroduced a “Lights Out” line of merchandise. Merriman earned the “Lights Out” nickname in high school when he knocked out four opposing players in one game. Merriam secured a federal trademark in “Lights Out.” It has been used in several off-field ventures and is largely associated with Merriman’s persona.
According to the suit, although Nike …
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