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11-11-16 Weekly Round-Up of Trademark News

Daniel Mills, Trademark Attorney

Posted Friday, November 11, 2016 by Daniel Mills

First up this week, one of my favorite toys of all time, the Rubik’s Cube has lost trademark protection in the EU for its shape. Many famous products that use a distinct or unique shape have trademark protection. If you understand that the purpose of a trademark is to serve as a source identifier, then it is easy to understand how some products come to be associated with their shape or packaging in a way that elevates that shape to a trademark. Some famous common examples are Perrier bottles and Duracell batteries. Up until this week, the Rubik’s Cube held such a trademark in the EU since 1999. A German toymaker challenged the trademark beginning in 2006 and has fought a 10-year battle and finally prevailed. More background can be found here.

ADIDAS Opposes Barcelona’s trademark at USPTO. Adidas has challenged FC Barcelona’s application for its Seven Stripe design. The opposition is based on confusion over the famous Adidas three stripe design. A copy of the opposition can be found here. In other Adidas/Barcelona news, Barcelona just signed a mega sponsorship deal with Nike the day before the opposition was filed. Coincidence? HA!

In other sporting trademark news, THE Ohio State University is suing a Custom T-Shirt site for infringement over a trademark for the O-H-I-O trademark by which you form these letters using your arms - yes, that is a trademark. Ohio State is a huge school with millions of fans and its apparel is big business, so it is no surprise that they are seeking to protect their rights. More details here.

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