#Trademarks

[GASP!] Texas Pete hot sauce is made in North Carolina?!?

David Baker

Oct 24, 2022
3 min

[GASP!] Texas Pete hot sauce is made in North Carolina?!?

Do you remember the series of television commercials for Pace Picante Sauce from a few years ago? The premise involved a group of cowboys sitting around a campfire, presumably out working cattle, who are served their trail grub by the camp cook who also hands them a bottle of picante sauce. But, to everyone’s horror, it isn’t Pace Picante Sauce. Even worse, one of the cowpokes reads the ingredients label and announces, “It’s made in New York City.” The others join in with a c

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Office Action response dates are now 3 months shorter

David Baker

Oct 20, 2022
2 min

Office Action response dates are now 3 months shorter

In a move that surprised no one but finally acknowledges the widespread use of the Internet for trademark filings, the United States Patent & Trademark Office (the "PTO") has announced a substantial change in timing rules that will be implemented beginning December 3, 2022. Instead of the six months allowed under the current rules, applicants will now have three months to respond to an office action issued during examination, with a possible extension of an additional three m

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Great Britain readies itself for major rebranding as KCIII replaces QE2 on all things British

David Baker

Sep 27, 2022
4 min

Great Britain readies itself for major rebranding as KCIII replaces QE2 on all things British

When Queen Elizabeth II died on September 8, she left behind a legacy that many in Great Britain believe to be one of the single greatest monarchical reigns in history. Now, Britain has a new king. King Charles III. Sure, there have been quite a few larger-than-life personalities in the English (and later British) royal lineage. Just to name a few, there was Victoria (known for her sponge cake and numerous television series), the 8th Henry (known for his difficulty in staying

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David Baker

Aug 25, 2022
3 min

San Diego Comic-Con 2022

After a three year pandemic absence, San Diego Comic con returned live and in person to the San Diego Convention Center in July. For the first time since those distant pre-pandemic days of 2019, the massive comic book and popular media extravaganza or commonly known as San Diego comic con returned to the downtown convention Center with a 10 D’s numbering more than 150,000 able to one again once again participate in person. Of course, I was one of them. Because of the COVID-19

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David Baker

Aug 12, 2022
2 min

Just add milk and a little nostalgia

Those of you who enjoyed Franken Berry, Count Chocula, Boo-Berry and Fruit Brute are in luck. These monster themed cereals are returning to grocery store shelves with a twist. But in our house on Saturday mornings, the question was always, Quisp or Quake? We weren’t really Chocula or Boo-Berry fans. My sister, younger by 18 months, was devoted to Quisp and its silly looking alien brand representative. I preferred his rival, Quake, the cartoon miner who oddly resembled a bulke

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David Baker

Aug 10, 2022
2 min

LEGO turns 90

Today is the 90th anniversary of the creation of a popular toy that you and probably everyone you know has played with at one time or another. It’s the birthday of LEGO. If you’ve been living under a rock, LEGOs are those plastic building-block toys that rose to massive popularity in the mid-20th century. You know the ones? Your kids build a castle or a barn and leave several lying hidden in the carpet just waiting for you to step on one and ….. YEE-OUCH! LEGO blocks originat

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San Diego Comic-Con, the one with mobs of thousands of live geeks and nerds, is finally back!

David Baker

Jul 20, 2022
6 min

San Diego Comic-Con, the one with mobs of thousands of live geeks and nerds, is finally back!

Today marks the long-awaited return of one of my favorite weeks of the year. Today is Day One (more accurately, Preview night) of the Mecca for everyone who takes pride in their love of comic books, Star Wars, superhero films, Marvel, sci-fi streaming shows, DC, cosplay, and, of course, Funko POP!s. Today is the first day of San Diego Comic-Con. Known on social media simply as SDCC, SDCC2022 will be the first time we’ve been able to attend the convention live and in person si

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Tempest in a tea pot or Blizzard in a Dairy Queen?

David Baker

Jul 7, 2022
2 min

Tempest in a tea pot or Blizzard in a Dairy Queen?

Late last month, a federal court ruled that Dairy Queen cannot stop W.B. Mason Co from selling "Blizzard" bottled spring water even though Blizzard is also the name of a popular treat sold by the nationwide ice cream and burger joint. It certainly helps that W.B. Mason, an office products distributor with a considerable business presence in the Midwest and along the Eastern Seaboard, doesn’t sell ice cream treats. Or hamburgers and fries. It sells paper products. However, W.B

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THE U.S.P.T.O. fumbles THE ruling on THE Ohio State University trademark

David Baker

Jul 2, 2022
3 min

THE U.S.P.T.O. fumbles THE ruling on THE Ohio State University trademark

While most of us were distracted by the U.S. Supreme Court making some questionable rulings on states’ rights regarding restrictions on the possession of firearms in public and allowing women the right to get abortions without restrictions, the U.S. Patent and Trademark Office made a very strange ruling. It granted a request by The Ohio State University to grant it exclusive rights to the use of the word “THE” as a trademark. Yes, you read that right. The P.T.O. granted The O

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David Baker

Jul 1, 2022
6 min

Very Nice. Trademark Classifications

The Nice International Classification System is a critical requirement for every trademark registration. When a trademark owner applies for registration of a trademark with the U.S. Patent and Trademark Office, the owner must designate at least one of 45 different classes of goods or services identified with the mark being registered. Known as “Nice Classifications” or “International Classes,” these classes of goods and services are based on the Nice (France) International Cl

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Golden Arches replaced by burger patty and fries as McDonald's Russian replacement opens

David Baker

Jun 22, 2022
2 min

Golden Arches replaced by burger patty and fries as McDonald's Russian replacement opens

The more things change, the more they remain the same. Or so the old adage goes. Following McDonald’s recent shuttering of its restaurants in Russia, those same restaurants have been rebranded “Vkusno & Tochka.” Translated as “Tasty and that’s it,” even the casual observer will note similarities between the new branding and the old. Whereas the original version prominently featured the familiar bright yellow letter “m,” the new version also features the letter “m” only with

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David Baker

Jun 15, 2022
2 min

Jack, Coke, what took you so long?

Jack & Coke finally becomes a "thing." In a can. For decades, Jack Daniels and Coca-Cola have been a staple drink of choice for in bars, at sporting events, at concerts, and even at backyard barbecues. The combination of two of the most iconic drink brands in history, the pairing was made all the more popular by the ease with which it could be ordered and then made. Not everyone knows what is in a Manhattan, a Martini or even a Screwdriver. And while drinks like margaritas ha

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Selecting a Strong Trademark – 10 Simple Rules

David Baker

Jun 1, 2022
3 min

Selecting a Strong Trademark – 10 Simple Rules

The best way to avoid future problems with your brand is to select a strong brand from the outset. Doing so properly has the added benefit of increasing the value of your brand, especially when you properly use the trademark and enforce it against infringers. Not all words or names can be protected as trademarks. For example, no one business can claim exclusive rights in generic terms because every business owner in the same industry needs to be able to use them to identify t

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David Baker

May 26, 2022
3 min

McDonalds leaves Russia … forever?

No two countries that both had a McDonald’s restaurant have ever gone to war, or so a popular international business/political science theory has repeatedly claimed, but the ongoing war between Russia and Ukraine has put a lie to the myth. Worse still, Russia’s invasion of Ukraine (or whatever euphemism Russia has been using this week) has now led to the hamburger giant’s decision to leave Russia altogether. When Russia began its incursion three months ago, international pres

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Craft brewer wins trademark lawsuit, sued for same thing

David Baker

May 19, 2022
4 min

Craft brewer wins trademark lawsuit, sued for same thing

After a three-week jury trial, Stone Brewing Co. won its lawsuit against MillerCoors (now Molson Coors) for trademark infringement based on the misleading marketing Molson Coors' Keystone Light used to promote it beers in 2017. The San Diego federal court case came to an end when the jury decided that Molson Coors had unlawfully used Stone’s registered STONE trademark after the company rebranded its Keystone beer as STONE and awarded Stone Brewing $56 million. Ironically, Sto

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Nike, Hermes lead fight against NFT IP infringement

David Baker

May 12, 2022
2 min

Nike, Hermes lead fight against NFT IP infringement

The names Nike and Hermes rarely appear in a sentence together, even when discussing fashion apparel. But the explosion in popularity of non-fungible tokens (or more simply, NFT’s) has made them strange bedfellows. Athletic shoe and apparel manufacturer Nike has filed a trademark infringement lawsuit against StockX for its creation and sales of an NFT based on Nike sneakers. French luxury brand Hermes has done likewise against Mason Rothschild. The cases were filed in differe

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How to drive your trademark attorney completely bonkers in 10 easy steps - Part Three

David Baker

May 7, 2022
3 min

How to drive your trademark attorney completely bonkers in 10 easy steps - Part Three

Orange County Lawyer magazine published my article, How to drive your trademark attorney completely bonkers in 10 easy steps, in its May 2022 edition. The article is serialized here as follows: Step 8. Don’t create a written set of guidelines for how to use your trademarks. Then, when I try to explain that trademark license agreements give the licensor the leverage they need to ensure that their trademarks are used properly and consistently, I also explain that a good license

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How to drive your trademark attorney completely bonkers in 10 easy steps - Part Two

David Baker

May 5, 2022
3 min

How to drive your trademark attorney completely bonkers in 10 easy steps - Part Two

Orange County Lawyer magazine published my article, How to drive your trademark attorney completely bonkers in 10 easy steps, in its May 2022 edition. The article is serialized here as follows: Step 4. Never file an application to register your trademark. I’ve lost track of how many times I’ve heard clients say, “Trademark registrations are a waste of good money. After all, U.S. trademark law allows you to enforce your trademark even if you have no active registrations on fil

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How to drive your trademark attorney completely bonkers in 10 easy steps - Part One

David Baker

May 3, 2022
3 min

How to drive your trademark attorney completely bonkers in 10 easy steps - Part One

Orange County Lawyer magazine published my article, How to drive your trademark attorney completely bonkers in 10 easy steps, in its May 2022 edition. The article is serialized here as follows: Last Friday, I was at my local brew pub hanging out with friends after a long week at the office. We were sharing war stories and griping to one another about how our clients, customers, and patients often refused to take the advice they were paying us to give them. “Why do they come t

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Trademarks latest casualty in Ukraine war

David Baker

Apr 14, 2022
3 min

Trademarks latest casualty in Ukraine war

In a conflict that has been marked by shockingly high casualty rates among both combatants and civilians, the war in Ukraine has added an unusual, albeit far less important, category to the list: trademarks. Responding to Western political pressure and mounting economic sanctions, Russia has decreed that Western intellectual property assets are essentially forfeited by companies that have stopped doing business in the country. The long-term impact on these and other Western b

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of David Christopher Baker