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ARTICLE · 17 JULY 2019

Limited Trademark Protection For Puns?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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This case highlights that what happens in the PTO often comes up in litigation and, as it did here, can have a very persuasive effect.

United StatesIntellectual Property

Holy Shitake! Are puns not entitled to full trademark protection?  Romaine calm while we do our best to understand this ruling from the Northern District of California regarding the pun and trademark LETTUCE TURNIP THE BEET. 

LTTB LLC owns federal registrations with the USPTO for the mark LETTUCE TURNIP THE BEET for bags, clothing, online stores, and paper, among other products.  RedBubble, as you may know, operates an online marketplace where users upload and sell their designs which RedBubble prints on merchandise.  LTTB sued RedBubble regarding products on its site featuring LETTUCE TURNIP THE BEET wording claiming that RedBubble was liable for the third party infringements.

RedBubble sought summary judgment on the grounds that it could not be liable for user generated trademark infringement and that LTTB is not entitled to prevent others from using LETTUCE TURNIP THE BEET unless there is evidence of actual confusion. 

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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