Benjamin Appelbaum, Attorney at Law

trademark law Archives

Trademark dispute brewing over deceased rapper's slogan

New Jersey residents may be surprised to learn that the once notorious Crips street gang is taking steps to rebrand itself and escape its violent past. The Los Angeles rapper Nipsey Hussle was a member of the Crips until he was gunned down outside a clothing store he owned in March. Hussle denounced gun violence in his music and worked tirelessly to provide opportunities to marginalized young men. In a step widely seen as an effort to associate themselves more closely with their esteemed former member, the Crips LLC filed an application with the U.S. Patent and Trademark Office on May 16 to trademark the late rapper's "The Marathon Continues" slogan.

Supreme Court ruling protects trademark licensees

Trademark licensees in New Jersey often depend on an agreement with the trademark holder that allows the licensee to operate significant amounts of a business. The sale and marketing of licensed products can be a major income stream for trademark holders as well as for the licensees who purchased the right to sell those items. However, when a trademark owner files for bankruptcy, it may attempt to reject the trademark license in order to obtain additional funds as part of its bankruptcy reorganization.

R&B singer sues former band members over use of group name

The former lead singer of an R&B group that has some New Jersey fans is suing two other band members for trademark infringement over use of the band name. The defendants have used the band name in promotions for their recent tour.

How to resolve a trademark dispute

Individuals and companies in New Jersey are entitled to trademark their intellectual property. This gives them the exclusive right to use a logo, slogan or other mark. If other parties want to use something that has already been trademarked, they must get a license from the owner of that trademark. Those who believe that another party has engaged in trademark infringement may take legal action to put a halt to such activity.

Supreme Court case raises issue of profanity in trademarks

Swear words may be a fact of life for many New Jersey residents, but the U.S. Supreme Court is considering whether they can also be a part of a protected trademark. The justices are hearing a case brought by a clothing designer based in Los Angeles who launched a streetwear brand called "FUCT", sounding similar yet spelled differently from a common curse word. His application for a trademark was denied under a provision that allows requests for "immoral" or "scandalous" marks to be turned down.

Question of willful infringement headed to U.S. Supreme Court

Trademarks and patents are valuable assets for many New Jersey businesses and creators The award of damages in a case involving the infringement of magnetic fasteners developed by Romag has revolved around the question of whether Fossil, the infringing party, acted willfully. Interpretations of trademark law among various federal appellate courts have produced differing requirements concerning willful action. Romag's petition before the Supreme Court of the United States could lead to clarification on this issue.

Protecting New Jersey trademarks

The importance of protecting trademarks was emphasized recently when a lawsuit was filed in federal court regarding ownership of the Craftsman tool line. Sears previously sold Craftsman tools and owned the rights to its iconic name. However, that all changed when Sears began to struggle financially prior to its bankruptcy filing. According to a recent news report, Stanley Black & Decker acquired the Craftsman brand in March 2017, for which it paid Sears approximately $900 million.

Protecting a trademark

Businessmen of New Jersey may be aware that the business landscape is a vibrant ecosystem with millions of new businesses budding every year. However, what they may not be aware of is that more businesses showing up means that there is a commensurate rise in trademarks: In comparison to the year preceding it, the year of 2017 saw a rise of 30 percent in the number of trademark applications filed, or about 9.11 million applications in total for that year. This ever-growing number of trademarks means that lawyers and brand strategists need to work harder than ever to protect their brand.

Why companies may want to file an international trademark

Some New Jersey entrepreneurs and business owner might want to consider filing an international trademark. This may not only be necessary if the company is operating outside of the United States. Protection may be needed for any company with some degree of online exposure.

Chooseco sues Netflix for trademark violation

Choose Your Own Adventure books from Chooseco enjoy a wide audience in New Jersey and around the world. The publisher of the popular book series that printed over 620,000 books last year alone and licensed translation rights in 27 countries has filed a lawsuit against Netflix and wants $25 million in damages. The book publisher claims that the streaming video service's show "Black Mirror: Bandersnatch" infringes upon Chooseco's trademarked phrase "choose your own adventure".

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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