Can Emoticons be Trademarked?

Yes, they can, provided they are used as a source-identifying image for the manufacturer or retailer.  So what happens if the emoticon is commonly used by others for non-branding purposes?  They can still be used as proprietary marks by a business.  The U.S. Trademark...

TGI Fridays and Skinnygirl

TGI Fridays has partnered with Skinnygirl® Bare Naked vodka brand to offer a lineup of lower-calorie cocktails.  The casual dining franchise’s new cocktail range includes a Skinny Appletini, Skinny Cosmopolitan, Skinny Cosmo Cooler, Skinny Martini and Skinny Pink...

Ketel One v. Arcadia Dutchcraft

There is a trademark dispute between national brands Diageo NA and Arcadia Center involving vodka product packaging and claims of consumer confusion.  Diagio claims Arcadia’s vodka labels are imitative and confuse consumers.  Here are the two vodka bottles. What is...

Can Key Words be Trademark Infringement?

Google Adwords threw trademark owners into new territory, and not a welcome one for the most part.  Website owners could now purchase key words from Google Adwords that included brand names of competitors.  Lens.com Inc. purchased, through third party marketing...