Although the market for NFTs has cooled off from its heyday several years ago, digital goods are still a hot commodity. This summer, the Ninth Circuit recognized that such goods are more than mere ephemera: they are “goods” under the Lanham Act to which trademark law applies.
The case, Yuga Labs v. Ripps, involved
We’re proud to share that Seyfarth associate J.C. Heinbockel has contributed to the Fifth Edition of the American Bar Association’s A Legal Strategist’s Guide to Trademark Trial and Appeal Board Practice.
J.C. authored the chapter “Strategic Considerations for TTAB-Contested Proceedings: A TTAB Proceeding versus a Court Action,” offering practical insights for trademark practitioners weighing
I was driving to work with the music on shuffle. The next song came on and from the drums alone, I knew what it was — First Date by Blink-182. As a drummer and pop-punk aficionado, the snare drum and crash cymbal on all four beats followed by blistering sixteenth notes across the toms were
It’s that time of year where, for two weeks in late August and early September, tens of thousands of people descend upon Flushing Meadows in Queens, New York for the U.S. Open tennis tournament. The biggest stars in the world of tennis are there
Taylor Swift isn’t just a pop icon—she’s a master of intellectual property strategy. With the announcement of her twelfth studio album, The Life of a Showgirl, Swift once again demonstrated how to blend creative storytelling with airtight brand protection. Just hours before she appeared on her boyfriend’s podcast to pull the album out of
Superman has soared back onto the big screen, and unless you’ve been locked in the Fortress of Solitude, you already know his origin story: Rocketed from the doomed planet Krypton. Raised in Kansas. Secretly, a mild-mannered reporter. Publicly, the world’s greatest hero.
But behind the scenes, in the real world, Superman has another origin story.
Angel Reese—the former LSU basketball superstar who now plays for the Chicago Sky in the WNBA—made headlines recently when she filed an application to register MEBOUNDS as a trademark for clothing and related items (Serial No. 99,234,613). “Mebounds” was a phrase used by some of Ms. Reese’s critics, referring to rebounds Ms. Reese grabs after
Keen sports observers sometimes use trademark applications to try to identify the names and locations of potential expansion teams that may be coming to sports leagues. Recent trademark applications by the WNBA and National Women’s Soccer League (NWSL) highlight just how complicated expansion team-related applications can be, however.
Let’s start with the WNBA. Earlier this year, the WNBA filed applications to register CHARLOTTE STING (Serial Nos. 99,027,594 and 99,027,574); CLEVELAND ROCKERS (Serial No. 99,027,630); DETROIT SHOCK (Serial No. 99,024,363); HOUSTON COMETS (Serial No. 99,027,505); and MIAMI SOL (Serial Nos. 99,027,625 and 99,027,613). Notably, these are all names of teams that were previously WNBA franchises, but went defunct in the 2000s. When the teams folded, the WNBA’s trademark registrations relating to those teams were canceled or abandoned. Although the WNBA could potentially be seeking new registrations only for the purpose of protecting “throwback” or “retro” merchandise, press reports indicate that some or all of these cities have submitted bids to the WNBA for a new expansion franchise.
There is a complicating wrinkle for the WNBA, however. An independent basketball league, the Women’s Basketball League, has announced plans to launch a six-league team in 2025, including teams called the Cleveland Rockers and the Detroit Shock. The Women’s Basketball League filed an application for CLEVELAND ROCKERS (Serial No. 98,201,494) in 2023, and filed applications for DETROIT SHOCK (Serial Nos. 98,096,968 and 98,593,400) in 2023 and 2024. The USPTO granted the 2023 DETROIT SHOCK application, so the mark was registered as of February 4, 2025. It remains to be seen how these dueling marks will impact the WNBA’s trademark applications or its possible expansion strategy.
Continue Reading Reading the Tea Leaves: How Trademark Applications Show WNBA and NWSL Expansion Plans and Complications
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
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