Brand Protection

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Originally posted on Seyfarth’s The Blunt Truth blog.

I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company operating in a not so kid-friendly field starts using a trademark similar to that of the TOYS R US mark? 

In a case that blends nostalgia with modern controversy, Tru Kids Inc., the owner of the TOYS R US mark, filed suit in the U.S. District Court for the District of Connecticut against a vape and cannabis retailer operating under the name VAPE R US. The complaint alleges trademark infringement, dilution, false designation of origin, and unfair competition under both federal and state law. Tru Kids Inc. v. Vape R Us, Inc. et al, 3:25-cv-00781-VAB (D.Conn.). 

At the heart of the dispute is the retailer’s use of branding that closely mirrors the iconic TOYS R US trademark and others associated with the brand. According to the complaint, the vape shop’s signage features multicolored bubble letters, a reversed “R” with a star, and even a depiction of Geoffrey the Giraffe. The long-standing mascot of the toy brand appears with a not so familiar “toy”—a vaping device.Continue Reading I Don’t Wanna Grow Up, I’m a What Kind of Kid? Toys R Us Takes on Vape R Us in Trademark Battle

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Kendrick Lamar and SZA performing “luther,” photo by the author.

On May 9, 2025, I sat in a crowded football stadium for the sold-out second night of the Grand National Tour concert featuring Kendrick Lamar and SZA (the stage name of Solána Rowe). As I listened to those iconic artists perform their hit song “luther,” my mind turned, as it often does, to trademarks. I…

Seyfarth’s Trademark practice earned widespread recognition in the 2025 edition of the World Trademark Review 1000 spotlighting “world-class legal trademark expertise.” The firm earned high rankings nationally as well as in the states of California, Georgia, Illinois, and New York. WTR wrote of Seyfarth: “Championing client relationships above all, Seyfarth Shaw’s team of intellectual property…

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The author with WNBA legend Sue Bird, one of the founders of the company behind the viral “Everyone Watches Women’s Sports” shirts.

As my colleague Puya Partow-Navid recently wrote, popular or viral phrases in the sports world are often the subjects of trademark registrations. Women’s sports are no exception.  2024 was a banner year for women’s sports, including the rise of stars like Caitlin Clark and Ilona Maher, the continued dominance of Simone Biles, another gold…

As the Kansas City Chiefs prepare to face the Philadelphia Eagles in Super Bowl LIX, they aren’t just battling for another championship—they’re chasing history. A win would cement their place in the record books as the first team in the Super Bowl-era to complete a three-peat by winning three Super Bowls in a row (although…

If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at selling what has been dubbed the “Wirkin” by consumers on Walmart’s…

A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States. Deckers Outdoor Corporation, a US-based shoe company, filed a lawsuit against the Australian brand’s holding company in the US District Court for the Northern District of Illinois, alleging that it has prior…

A recent lawsuit between two influencers, Alyssa Sheil and Sydney Nicole Gifford, highlights critical issues of copyrights and likeness rights in the influencer space. Both are known for posting photos that feature a minimalist look focusing on neatness, simplicity, and natural beauty. This has come to be known as the “clean girl” aesthetic, and it…

We’ve moved into winter and that means many bands and artists are taking a breather after summer and fall tours. Some seemed to go on for eras. For me, that means waiting a few months to catch some favorite acts. But I’ve got plenty of music to digest in the meantime. To my surprise, several…

World Trademark Review quoted Ken Wilton in its article, “US presidential election 2024: what a Donald Trump victory could mean for trademarks in the United States,” on October 19. Wilton discussed what a Trump victory would mean for the future of brand protection.

“A new Trump administration is likely to renew its prior efforts to…