Intellectual Property Law. Done Intelligently.

The Blog

"Ornamental" Rejections for Apparel Trademarks

A logo or brand printed on a shirt or baseball cap might not be a trademark. The use of a brand in that way could be considered just a decoration, or "merely ornamental." The trademark is usually on a tag sewn into the article of clothing, or on a hangtag where one would also find the price. If you only have your brand name on the front of the shirt or hat, but not on a tag, you will likely receive a rejection from the USPTO.

Read More
Jury Sides With Kat Von D in Copyright Infringement Lawsuit Involving Miles Davis Tattoo [Repost of Sarah Stemer's Article Featured In Trademark Lawyer Magazine ]

A Los Angeles jury has sided with tattoo artist of reality TV fame, Kat von D in a copyright infringement lawsuit filed by photographer Jeffrey Sedlik, after she tattooed a photo of Miles Davis onto her friend’s arm.

Read More