Tuesday, May 7, 2019

A Kendall/Kylie Cosmetics Collab? Kendall Jenner Files Trademark Applications for KENDALL, KENDALL JENNER Covering Cosmetics

Kylie Jenner, Kendall's sister, launched her Kylie Cosmetics brand about three years ago and subsequently build it into an empire. Is Kendall now launching her own cosmetic line? Or planning a collaboration with Kylie? According to recent trademark applications, she might be.
On May 2, Kendall Jenner, Inc. filed trademark applications for KENDALL JENNER and KENDALL with the U.S. Patent and Trademark Office. Both applications cover the same goods in Class 3, namely:
Fragrances; eau de parfum; eau de toilette; perfumes; hair care preparations; hair styling preparations; bath and shower gels; bubble bath; body powders; body lotions; body creams; face lotions; body milks; skin toners; skin cleansers; beauty masks; body scrubs; facial scrubs; body oils; deodorant for personal use; lip balm; lip gloss; cosmetics; cosmetic preparations; nail polish; nail polish remover; and nail care preparations
Further, not only did Kendall give consent to Kendall Jenner, Inc. to file her name as a trademark (which is required under Section 2(c) of the Trademark Act), she also gave consent to Kylie's entity, Kylie Jenner, Inc. (see below). In other words, Kylie Jenner, Inc. is permitted to file a trademark application for KENDALL or KENDALL JENNER, strongly suggesting a collaboration between the sisters (which apparently they've had planned for a long time, considering Kendall signed the consent in 2015).
Interestingly, back in 2011 the sisters' legal entities jointly filed trademark applications for KENDALL AND KYLIE covering cosmetics, but those registrations never issued because the trademark was never actually put into use.

Kendall's legal entity also filed these most recent trademark applications on an intent-to-use basis, suggesting it is not using her name as a trademark for cosmetics yet, but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051. According to my quick search, these are the first and only federal trademark applications filed by Kendall Jenner, Inc. in 2019.

For those of you hoping for a cosmetic collaboration between the Jenner sisters, you might be getting your wish soon.

Tuesday, April 30, 2019

Is an NFL Team Coming to Duluth? NFL Files Application to Register DULUTH ESKIMOS as a Trademark for Professional Football Games, Related Services

On April 25, the day the draft started, NFL Properties LLC (the owner of famous NFL trademarks like SUPER BOWL, the NFL logo, and PRO BOWL) filed two federal trademark applications for DULUTH ESKIMOS with the U.S. Patent and Trademark Office.
Apparently, the Duluth Eskimos played in the National Football League in the 1926 and 1927 seasons. While NFL Properties LLC has filed trademark applications for vintage football teams in the past, like the CANTON BULLDOGS, BALTIMORE COLTS, and the BOSTON REDSKINS, those applications only covered apparel (presumably because the NFL was selling vintage football clothing).

While one of the DULUTH ESKIMOS applications also covers apparel, it is the other one that is most interesting. The second DULUTH ESKIMOS application covers the following services in Class 41:
Education and entertainment services in the nature of professional football games and exhibitions; providing sports and entertainment information via a global computer network or a commercial on-line computer service, or by cable, satellite, television or radio; arranging and conducting athletic competitions, namely, professional football games and exhibitions; football fan club services, namely, personal appearances by a costumed mascot for professional football teams; entertainment services, namely, live musical and dance performances provided during intervals at sports events; educational services, namely, conducting physical education programs
Does this mean the NFL is bringing a franchise to Duluth? On the one hand, the intent-to-use filing basis of the application does suggest that NFL Properties LLC has a bona fide intention to provide these services under this trademark in the near future. TMEP 806.01(b); 15 USC 1051(b). And this application will go dead unless the NFL actually starts using the DULUTH ESKIMOS trademark in conjunction with these services and submits sufficient proof of such use to the USPTO. See TMEP 1103. Finally, these are the typical services you see listed in a trademark application or registration for an NFL team's name.

On the other hand, NFL Properties LLC doesn't own any other trademarks for NFL team names. As I've blogged about before, most NFL team names are owned by the local franchise owner (although it is an attorney at the NFL who files the applications in the local franchise's name). For example, New England Patriots LLC owns the NEW ENGLAND PATRIOTS trademarks and Cincinnati Bengals, Inc. owns the CINCINNATI BENGALS trademarks. If this application is actually for a team's name, it would be the only team name owned by NFL Properties LLC instead of the local franchise (though, technically, NFL Properties LLC could later assign this trademark to the local franchise).

Perhaps the filings were made only because the NFL intends to send apparel or otherwise promote NFL games in conjunction with this vintage trademark? Or perhaps there are talks to bring back the Duluth Eskimos? Unfortunately, it's impossible to ascertain the NFL's intention from these filings alone. As the applications progress, we may get more details.

Friday, April 26, 2019

Is Travis Scott Opening a Retail Clothing Store Called S.P.A.C.E VILLAGE? A Recent Trademark Application Suggests He Might Be

Is the rapper Travis Scott opening up a retail clothing store called S.P.A.C.E VILLAGE? He might be, according to a recent federal trademark application.
On April 22, an entity called LaFlame Retail, Inc. filed an application to register S.P.A.C.E VILLAGE as a trademark with the U.S. Patent and Trademark Office. The application was filed in two classes for the following goods and services:
  • Clothing, namely, t-shirts, shirts, long-sleeved shirts, polo shirts, hooded shirts, sweatshirts, hooded sweatshirts, jerseys, shorts, sweat pants, jackets, scarves, pajamas, robes, boxer shorts, boxer briefs, underwear, head bands, wrist bands as clothing, swimsuits, skirts, dresses, bras, cardigans, blouses, tank tops, pants, coats, sweaters, leg warmers, socks, belts; footwear, namely, shoes, athletic shoes, slippers, boots, sandals; headwear, namely, hats, visors, beanies and caps (Class 25); and
  • Retail store services featuring clothing and general merchandise; On-line retail store services featuring clothing, general merchandise and downloadable pre-recorded music and video (Class 35).
In short, is appears LaFlame Retail, Inc. intends to use this trademark as the name of an extensive clothing line and a retail clothing store.

Is LaFlame Retail, Inc. associated with Travis Scott? For starters, "La Flame" is the rapper's well-known pseudonym. Further, last month a similarly-named entity called Laflame Enterprises, Inc. used the same attorney to file a trademark application for TRAVIS SCOTT, which I blogged about here. It's therefore safe to assume this application is also related to Travis Scott.

So, does this application mean Travis Scott is actually opening a retail clothing store and/or releasing a S.P.A.C.E VILLAGE clothing line? Maybe. This application was filed on an intent-to-use basis, suggesting the S.P.A.C.E VILLAGE trademark is not currently being used with the goods/services listed above, but LaFlame Retail, Inc. has a bona fide intention to use it in the near future. TMEP 806.01(b); 15 USC 1051(b). If the applicant wants this trademark to actually register, it will need to start using the trademark in interstate commerce and submit sufficient proof of same to the USPTO. See TMEP 1103. If it does not, the application will eventually be abandoned.

According to my quick search, this is the first and only federal trademark application owned by LaFlame Retail, Inc.

Tuesday, April 16, 2019

A Bumble Beer? Dating App Company Files Application to Register BUMBLE BREW as a Trademark for Beer, Many Other Goods and Services

The company behind the popular dating app Bumble, Bumble Holding Limited, may be coming out with a beer, if a recent trademark application is any indication.
On April 11, Bumble Holding Limited filed an application to register BUMBLE BREW as a trademark for "beer" (and several other goods and services) with the U.S. Patent and Trademark Office.

Does this mean the dating app company is releasing a beer called BUMBLE BREW? Maybe. The company filed this application on an intent-to-use basis, which is supposed to mean the company is not using the BUMBLE BREW trademark to sell beer yet but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). The company is by no means obligated to start selling BUMBLE BREW beer, but a failure to use the trademark with those goods will result in the entire application going dead (if Bumble does not submit proper evidence of use on a timely basis or does not delete any goods/services it no longer intends to provide from the application).

Interestingly, the BUMBLE BREW application doesn't only cover "beer." It covers a large variety of goods and services across 14 different classes, including the following:
  • Computer software for the booking of bars, restaurants and accommodation; computer software for the ordering of food and drink (Class 9);
  • Whips, harness and saddlery (Class 18);
  • Meat, fish, poultry and game (Class 29);
  • Coffee, tea, cocoa and artificial coffee (Class 30);
  • Alcoholic beverages (except beers); wine; cider (Class 33);
  • Restaurant, bar and catering services (Class 43); and
  • Internet based dating services (Class 45).
Perhaps Bumble is considering a Bumble-themed brew pub or restaurant? Pay attention to this application to find out.

Monday, April 1, 2019

Travis Scott Files Applications to Register His Name as a Trademark

Or, more accurately, his corporation. On March 27, LaFlame Enterprises, Inc. filed the first ever applications to register TRAVIS SCOTT as a trademark with the U.S. Patent and Trademark Office. Jacques Bermon Webster II, aka Travis Scott, is apparently the president of Laflame Enterprises, Inc.
The two applications, one of which was filed on an intent-to-use basis, cover a variety of goods and services you might expect from a rapper, songwriter, singer, and record producer. The goods and services covered by the in use application (meaning these goods and services are apparently already being provided under the TRAVIS SCOTT trademark) are:
  • Audio and video recordings, namely, digital audio and video files downloadable from the Internet, audio and audio video tapes and discs, CDs, DVDs, laser discs, and phonograph records, all featuring music and artistic performances; downloadable musical sound recordings and ringtones; downloadable video recordings featuring music; sunglasses and sunglass cases; protective covers and cases for cell phones, laptops and portable media players (Class 9);
  • Paper goods, namely, posters, prints, decals, temporary tattoo transfers, stickers, printed tickets, photographs, event programs; calendars; postcards (Class 16);
  • Clothing, namely, t-shirts, shirts, long-sleeved shirts, polo shirts, hooded shirts, sweatshirts, hooded sweatshirts, jerseys, shorts, sweat pants, jackets, scarves, pajamas, robes, boxer shorts, boxer briefs, underwear, head bands, wrist bands as clothing, swimsuits, skirts, dresses, bras, cardigans, blouses, tank tops, pants, coats, sweaters, leg warmers, socks, belts; footwear, namely, shoes, athletic shoes, slippers, boots, sandals; headwear, namely, hats, visors, beanies and caps (Class 25); and
  • Entertainment services, namely, conducting entertainment exhibitions in the nature of live musical performance tours and music festivals; entertainment services, namely, presentation of live and on-line non-downloadable video in the nature of show performances featuring music and musical performances; planning, arranging, organizing and conducting of shows and tours featuring musical performances; entertainment in the nature of live performances by a musical artist, musical group and musical band; entertainment in the nature of live visual and audio performances by a musical artist, musical group and musical band; entertainment services, namely, providing a web site featuring non-downloadable musical performances, musical videos, related film clips, photographs, and other multimedia materials featuring music and entertainment; fan club services; providing a website featuring entertainment information regarding musical groups, musicians, musical sound recordings, music videos, tour schedules, music performance ticket information and music; entertainment in the nature of live traveling tours by a professional entertainer, musical group and musical band featuring music (Class 41).
The goods and services covered by the intent-to-use TRAVIS SCOTT application (those which are not apparently being offered under the TRAVIS SCOTT trademark yet but LaFlame Enterprises has a bona fide intention to provide in the near future) are:
  • Jewelry; clocks and watches; key chains; jewelry, namely, dog tags for wear by humans for decorative purposes; jewelry cases; boxes for timepieces (Class 14);
  • Bags; backpacks; umbrellas; carrying cases; canes; purses and wallets; dog apparel; luggage (Class 18); and
  • Cups; coffee cups; plates; bowls; lunchboxes; water bottles sold empty; bottle openers (Class 21).
According to my quick search, these are the first ever federal trademark applications filed by LaFlame Enterprises, Inc. and the first trademark applications for TRAVIS SCOTT filed by anyone.

It is not uncommon for celebrities and athletes to register their names as trademarks for the goods and services they provide under their name. For example, I've blogged about applications filed by Baker Mayfield, Conor McGregor, Amy Schumer, and Crissy Teigen in the past. 

Notably missing from the TRAVIS SCOTT trademark applications, however, is Jacques Bermon Webster II's written consent to register his stage name as a trademark. Section 2(c) of the Trademark Act prohibits the registration of a trademark that consists of or comprises a name, portrait, or signature identifying a particular living individual except by his/her written consent. That includes stage names. TMEP 1206.01. LaFlame Enterprises will need to provide that written consent before these marks can be registered.

Quarterly Index (1/1/19 - 3/31/19)

Entertainment Trademark Filings:
Food and Drink Trademark Filings:
Other Unique Trademark Filings:

Friday, March 8, 2019

A PBR Seltzer? Maybe, According to Pabst Brewing Company's Recent Trademark Applications

The company behind the beer previously (or still?) known for being a favorite among hipsters may be moving into the trendy alcoholic seltzer business if recent trademark applications are any indication.
On March 4, Pabst Brewing Company, LLC filed applications to register PABST BLUE RIBBON STRONGER SELTZER and STRONGER SELTZER as trademarks for "alcoholic beverages, namely, hard seltzer" with the U.S. Patent and Trademark Office.

The brewing company filed both applications on an intent-to-use basis, suggesting it is not currently using these marks to sell the listed goods but has a bona fide intention to do so in the near future. 15 USC 1051(b); TMEP 806.01(b).

These are the only two active trademark applications or registrations for a seltzer owned by Pabst Brewing Company, LLC. Back in April 2016, the company filed an application for GILTY SELTZER covering "hard seltzer [and] hard cider" but it was refused registration due to GILT BAR, an existing registration covering bar and restaurant services. Pabst never responded to the refusal and the application went dead.

Will we see a PBR seltzer this summer? We just might. And for whiskey fans, apparently PBR recently announced it's getting into the whiskey business too.