He stockpiled Washington NFL trademarks for years. Now he faces backlash online.; The Washington Post, July 15, 2020

Rick Maese, The Washington Post; He stockpiled Washington NFL trademarks for years. Now he faces backlash online.

 

"Trademark attorneys have said any registered or pending trademarked team names would be ripe for challenge. Trademark holders must be able to show that they have been using the name in a legitimate commercial manner. While McCaulay has sold merchandise featuring some of his team names online, he acknowledged in a tweet that his trademarks would be “worthless to me because selling 10 shirts in 6 years is a weak defense.”

 

“This is an expensive hobby for him,” Heitner said. “He’s not intending to be a troll. He’s not intending to cause harm to the organization. And to the extent the organization wants to utilize any of the names he’s applied for, he wants to open the door to those communications.”"

A Trademark Attorney Explains Why the Former Lady Antebellum Is Suing the Black Singer Lady A; Slate, July 10, 2020

Rachelle Hampton, Slate; A Trademark Attorney Explains Why the Former Lady Antebellum Is Suing the Black Singer Lady A

"Trademark rights are what the Lady A dispute centers on. As we discussed today, trademark rights arise from use of any word, phrase, logo, symbol, etc., as a source indicator in connection with the sale of specific goods or services, like Greyhound for bus services or Dasani for bottled water or Tony the Tiger for cereal or a [Nike] swoosh for athletic apparel."

We Are! ... Happy Valley? Penn State applies for trademark on moniker; The Pittsburgh Post-Gazette, January 2, 2019

Bill Schackner, The Pittsburgh Post-Gazette; We Are! ... Happy Valley? Penn State applies for trademark on moniker

"Josh Gerben, a trademark attorney in Washington, D.C., tweeted about the Penn State application Dec. 28, calling it a “trademark ‘land grab.’”

He said Happy Valley should remain in the public domain, since the university did not create the expression and the words are used broadly in Pennsylvania and elsewhere. He said others should be able to profit from it.

“It’s a generally accepted term for a geographic area in which the university happens to reside,” he said. “It seems out of place for the university to come in and say they should be the exclusive provider of Happy Valley clothing throughout the country. That’s exactly what they are asking to do.”"

Rapunzel, Rapunzel let down your trademark restrictions; The Boston Globe, June 5, 2018

Maria Cramer, The Boston Globe; Rapunzel, Rapunzel let down your trademark restrictions

"Companies pay the Patent and Trademark Office a small fee to register for a trademark, and generally it is not unusual for trademark applications to go unchallenged, said Jennifer Rothman, a law professor at Loyola Law School in California who teaches trademark law and is not connected to the case.

“The Patent and Trademark Office doesn’t have a lot of time to review these things,” Rothman said. “If no one opposes it, they approve it.”

Some companies take advantage of the less-than-robust screening process to snap up well-known names, then file complaints against businesses that have used the names for their products to leverage payments, Rothman said."

Gene Simmons of Kiss tries to copyright 'devil horns' hand gesture; Associated Press via CTV News, June 15, 2017

Associated Press via CTV News; Gene Simmons of Kiss tries to copyright 'devil horns' hand gesture

[Kip Currier: Intellectual Property confusion--The headline should switch "copyright" (wrong!) with "trademark" (right!). 

Curiously, the article says that Simmons applied to the U.S. Patent and Trademark Office (the correct place to apply for the kind of Intellectual Property for which Simmons is seeking protection), rather than the U.S. Copyright Office; the USPTO mention should have been an indicator that this is not a copyrightable work.

"Entertainment purposes" indicates the type of trademark class for which Simmons is seeking protection.

"Use in commerce" is also a requirement for federal trademark registration, not copyright registration.] 

"Gene Simmons of Kiss is trying to copyright the devil horns gesture.

The Hollywood Reporter reports Simmons has applied to the U.S. Patent and Trademark Office for protection of the gesture for entertainment purposes. He claims he first used it in commerce in 1974."

Harry Potter and the Abandoned Trademarks; Geek.com, 11/7/16

Jordan Minor, Geek.com; Harry Potter and the Abandoned Trademarks:

"Check out this list of abandoned Harry Potter trademarks.

Harry Potter and the Serpent Prince

Harry Potter and the Curse of the Dementor

Harry Potter and the Tower of Shadows

Harry Potter and the Death’s Head Plot

Harry Potter and the Shadow of the Serpent

Harry Potter and the Serpent’s Revenge

Harry Potter and the Realm of the Lion

Harry Potter and the Quest of the Centaur

Harry Potter and the Mudblood Revolt

Harry Potter and the Hogwarts Hallows

Harry Potter and the Battle for Hogwarts

Harry Potter and the Hogsmeade Tomb

Harry Potter and the Myriad Moors of Miitomo"