Benjamin Appelbaum, Attorney at Law

August 2019 Archives

USPTO denies Tom Brady's "Tom Terrific" trademark application

Football fans in New Jersey and around the country will likely know that a catchy nickname can add to the aura surrounding an athlete. Nicknames can be valuable intellectual property, but they can be difficult to protect if they are not original. New England Patriots quarterback Tom Brady learned this lesson on Aug. 22 when the U.S. Patent and Trademark Office rejected his application to trademark the nickname "Tom Terrific".

Zumba sues J.C. Penny over fitness slogan

New Jersey residents may be aware that many traditional brick-and-mortar retailers are struggling to compete with online sellers like Amazon. The big-box chain J.C. Penny was once one of the country's most successful retail chains, but it now faces falling sales and an uncertain future. An earnings report released on Aug. 15 reveals that the chain lost $48 million during the second quarter, and the company's fortunes took another hit recently when the popular exercise and weight loss program Zumba sued it for trademark infringement.

Prince's estate pursues trademark on purple

New Jersey fans may love Prince's music as well as the late entertainer's signature style. However, his estate is still fighting with the U.S. Patent and Trademark Office over an attempt to register a specific shade of purple as a trademark for musical recordings, music videos and entertainment services. Prince's estate is attempting to register Pantone's "Love Symbol #2", a particular shade of purple closely connected to Prince's public persona and musical works. The estate is working with Paisley Park Enterprises, the holding company for Prince's intellectual property rights, in an attempt to register the color as a trademark.

School sues retailers over patent infringement

When a person or company in New Jersey or anywhere else in the United States comes up with a new idea, it may be possible to protect it. According to the University of California, five major companies have infringed on patents related to LED light bulb technology. Amazon, Walmart and Ikea are among the companies that were named in the lawsuit. The lawsuit is asking that the retailers enter into licensing agreements to use the filament LED bulb technology.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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