Cognate's Trademark Blog

Trademark “Use”: Understanding “Actual Use”, “Fist-to-Use” and “First-to-File”

  Some of the most common questions we get at Cognate are centered around the concept of trademark “use.” Three foundational concepts related to trademark use are actual use, first-to-use, and first-to-file. Actual Use Essential to enforcement and protection of trademark rights is the concept of “actual use” (or “use”). Trademark use is achieved when a trademark is … Read more

It’s All About The Red Soles

This fashion trademark story has been running hot with the media for a week or so now. Designer, Christian Louboutin, filed a lawsuit in 2012 against Van Haren, a Dutch company whose retail outlets were selling affordably priced high-heeled women’s shoes with red soles.   The New York Times reports that Lawyers for Mr. Louboutin claimed … Read more

Apple Corps Ltd (The Original One) Files Lawsuit Against Online Merch Sellers For Trademark Infringement

The complaint names 48 different online sites selling unauthorized merchandise reported Billboard magazine, Friday.  We wonder if Lorde’s companies will have the same problems in 2053, doubtful. Billboard reports that the The Beatles‘ companies Apple Corps Ltd. and Subafilms Ltd. filed a lawsuit on Thursday against a list of 48 internet dealers and aliases for promoting, … Read more

How Will California Accept Cannabis Trademark Applications?

The National Law Review gives a more detailed overview than most about California’s move to accept applications for cannabis-related trademarks.   With the New Year, the California Secretary of State announced that it is now accepting applications for cannabis-related trademarks.  This is welcome news for California cannabis businesses, which have struggled to obtain protection for … Read more

Trademark Roundup: 11 January 2018

Looks like we are now back in the swing of things. Here’s a few articles from the past week that may be of interest to those of you following developments in trademark. Title: The Importance of Trademarks When Choosing A Domain Name Author: Silicon Republic Date:  11 January 2018 URL: https://www.siliconrepublic.com/start-ups/trade-marks-online-branding-matheson Extract:  If you’re building an … Read more

Who’d Have Known it – Steve Jobs is Italian !

Rather an oversight by Apple not to register, the name, Steve Jobs. And now that lack of aforethought has come and bitten them on the proverbial.   The Fashion Law blog tells us why. Naples-based Barbatos have been battling Cupertino, California-based Apple since the tech giant first attacked their trademark in May 2012, arguing that … Read more

Society of British and International Design to Launch New Intellectual Property Protection Program

Architectural Digest reports that starting 2018, interior designers will be able to register their work to protect against unlicensed counterfeits. In an event held at the British House of Commons last week, the UK’s foremost organization for accrediting interior designers launched the SBID Intellectual Property initiative in partnership with IP anti-crime organization TM Eye. Its … Read more

CBD Product Applications May No Longer Be Immediately Accepted Under The United States Patent and Trademark Offices.

Cannabis Business Times reports. The United States Patent and Trademark Office (USPTO) once again revised its stance on certain cannabis brand trademark applications. Specifically, applications that cover cannabidiol (CBD) products will no longer be immediately accepted and may ultimately be rejected as violating the Office’s Lawful Use Rule.  http://www.cannabisbusinesstimes.com/article/what-uspto-new-stance-on-cannabidiol-means-for-trademark-seekers/ Until recently, brand owners seeking federal protection … Read more

Article: Trademark Enforcement in the Social Media Age by Winthrop & Weinstine, P.A.

Attorneys in general, and trademark attorneys in particular, have a reputation for heavy handedness. The traditional weapon of choice for these legal pugilist has been, and continues to be, ye olde cease and desist letter. A long, unnecessarily wordy letter sprinkled with “without authorization”‘s and “reserves all rights and remedies”‘s and other thinly veiled and … Read more

Trademark Spat: We Got Out Of Bed At The Crack Of Dawn For “Breakfast” Says Illinois-Based Distiller Few Spirits

Few Spirits Distillery has filed a lawsuit against Gray Skies Distillery, located in Missouri, after Gray Skies released a new breakfast rye whiskey. Few Spirits  started producing a ‘Breakfast Gin,’ flavoured with Earl Grey tea,  in 2011 and trademarked the name in January 2016. Now  they have accused Gray Skies of trademark infringement, unfair competition and … Read more