About the Author

Scott Slavick

Scott Slavick

Scott Slavick is a shareholder at Brinks Gilson & Lione, where his practice focuses primarily on trademark prosecution and trademark litigation. Scott maintains all aspects of his large corporate clients’ trademark portfolios, and has extensive experience in international trademark matters, including litigation, licensing and prosecution, determining international filing strategies, negotiating worldwide co-existence agreements and implementing strategies to defend trademarks and prevent infringements.

Article List

  • Fighting to win? It takes more than energy

    Because the proposed mark would be perceived as merely touting the fast-acting and long-lasting qualities of the product, and not identifying its source of origin, the Board ruled, the slogan is incapable of functioning as a trademark.

  • A Romanov mystery revisited. (Why didn't this mark die?)

    But in the aftermath of the decision at the TTAB in this case, can we feel any more confident about applying to register a mark that sounds like a surname? I surely don't.

  • Sweet for one Hershey, bitter for another

    Both use similar lettering for the word HERSHEY, which appears in capital letters in the center of both designs, But where the chocolate bar says "milk chocolate," the politician's logo says "state senate."

  • Don't take THIS name in vain

    It's said that imitation is the sincerest form of flattery. But vanity flatters no one. Certainly that's so in an interesting trademark spat that pitted music-loving fans on one hand and a maker of intimate and bedroom apparel on the other.

  • It's a wonderful (new) life

    Companies should not only look to comply with FDA labeling regulations but should also be aware of the broader requirements under the Lanham Act: that is, to not “misrepresent the nature, characteristics, qualities, or geographic origin” of their products or services.

  • Cancellation win for Bayer AG over FLANAX registration leaves Belmora without relief

    Bayer recently moved to cancel Belmora’s registration at the Trademark Trial and Appeal Board, arguing that Belmora’s use of FLANAX here in the U.S. was a “blatant” attempt to confuse Latin American consumers.

  • Big Hunk A' Love? Not from the King

    The estate of Elvis Presley accused Italian gunmaker Fabbrica d’Armi Pietro Beretta SpA of using the name and likeness of the legendary rock-and-roller and gun enthusiast to sell a new line of Beretta shotgun

  • Out of bounds? Playing ball with celebrity right of publicity and fair use

    Two recent cases show how difficult it is to determine what constitutes commercial use (thus potentially infringing use) and non-commercial use (and thus fair use) of a celebrity’s identity.

  • Now you see it; now you don’t (Wait, yes you do!)

    The second interesting point about this decision is that in addition to denying Amazing Mazes’ application on the basis of its mark being merely descriptive, the Board also denied it on the basis of its mark being deceptively misdescriptive.

  • Between a rock and a RockScape

    Would-be opposers who own arguably descriptive/generic marks might want to think twice before bringing an opposition/cancellation: They might not only lose the opposition/cancellation but their trademark rights as well.

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