Blogs > More Than Your Mark®

Feb 10, 2023

Trademark Owners Beware: Scams on the Rise

Business scams such as false invoices, unordered products, and advance-fee fraud are an ongoing problem for companies of almost every size. And now trademark scams, which are particularly dangerous, are on the rise.  

The first danger is posed by “trademark agencies” that offer supposedly low-cost trademark services, sometimes as part of branding services. » Read More

Nov 11, 2022

Postmortem Rights of Publicity

The laws defining the right of publicity – the right to prevent others from using your name and likeness without permission – are a state-by-state patchwork. For example, while New York has a strong right of publicity statute (Sections 50 and 51 of its state Civil Rights Law), New Jersey recognizes only a common-law right, recognizing a person’s right in their name and likeness as a property right. » Read More

Sep 23, 2022

Names and Brand Names

A key aspect of trademarks has been at the forefront of both fiction and real-life sports news over the past few weeks: what makes a name a name and who can use a name as a trademark? While trademarks are commercial rights, trademark law also protects a person’s right to control their own identity, including well-known pseudonyms and nicknames. » Read More

Aug 19, 2022

Who Rules Christmas?

For almost 30 years, Mariah Carey’s “All I Want for Christmas is You” has been a reliable, though often derided, part of the holiday season, playing frequently on television and radio, and in stores and restaurants. Last year, her company, Lotion, LLC, filed applications to register CHRISTMAS PRINCESS, QUEEN OF CHRISTMAS, and QOC (the initials of “Queen of Christmas”) in connection with not only sound recordings and entertainment services, but also fragrances, jewelry, apparel, glassware, and food products. » Read More

Jul 22, 2022

Do You Know SKKN? No, Not That One. The Fear of Reverse Confusion for Small Business Owners

Is all press good press? Not for Brooklyn-based skincare company Beauty Concepts using its SKNN+ mark. None other than Kim Kardashian is the subject of another contentious conversation. With the recent launch of her skincare brand SKKN By Kim, came criticism accusing Kardashian of stealing ‘SKKN’ name from black-owned beauty brands. » Read More

May 20, 2022

Tokens and Titles and Art

The recent collapse in NFT sales may have cooled general interest in the digital assets, but the legal questions they raise remain very much alive and relevant to rightsowners and creatives alike.  We reported previously about Hermés’ complaint against the creator of MetaBirkin NFTs, and the Court’s decision this week denying the creator’s motion to dismiss that complaint goes to the ever-relevant question of boundary between art and commerce. » Read More