What makes a mark, a trademark? Welcome to My Words: The Lanham Lowdown, the definitive podcast for anyone fascinated by the art and science of brand protection. This show is for the law students, attorneys, business owners, and marketing professionals who want to go beyond the basics.
Each episode, we conduct a deep analysis of U.S. trademark law, from foundational principles like source identification and distinctiveness to the complex scenarios of federal dilution and contributory infringement. We’ll explore the nuances of the Lanham Act, break down the functionality doctrine for trade dress, and analyze the critical commentary defense. Using real-world case studies—from Canine Caviar to Newbridge Cutlery—we illustrate how these legal principles are applied and what they mean for brands in the marketplace.
Whether we're dissecting domain name bad faith under the ACPA or the scope of injunctive relief, you’ll get a clear, insightful, and comprehensive look at the laws that govern brand identity.
Can you call dog food "caviar" if it contains no fish eggs? In this episode of Mark My Words, we sink our teeth into the fascinating case of the "CANINE CAVIAR" trademark. This brand name serves as a perfect case study for one of the trickiest areas of trademark law: misdescriptive marks. We'll explore the critical difference between a mark that is "merely descriptive," "deceptively misdescriptive," and one that is flat-out "deceptive" under the Lanham Act. We break down the legal tests the USPTO uses, focusing on consumer perception and whether a misrepresentation is actually believable and material to a purchasing decision. Discover why the "CANINE CAVIAR" mark likely swam past the absolute bar of Section 2(a) and landed on the Principal Register, offering a crucial lesson on the power of metaphor and acquired distinctiveness in branding.
*USPTO
*Apple Computers Inc,
2 Jul 2025
Lost in Translation: The "Newbridge Cutlery" Case
What happens when a famous brand from another country tries to register its name in the United States? In this episode, we explore the principle of territoriality in trademark law through the lens of one of Ireland's most well-known brands: Newbridge Cutlery.
We'll dissect Section 2(e)(2) of the Lanham Act, the rule against registering marks that are "primarily geographically descriptive." But what does "generally known" really mean to US consumers? We dive deep into the pivotal Federal Circuit decision, In re Newbridge Cutlery Co., which set a crucial precedent by declaring Newbridge, Ireland, to be geographically obscure to the American public. Finally, we'll examine the alternative path to registration—proving acquired distinctiveness—and why evidence of fame abroad doesn't count on US soil.
1 Jul 2025
Domain Bad Faith Analysis ACPA vs UDRP
What happens when a trademark is held hostage online? In this episode of Mark My Words, we're diving deep into the digital trenches to explore the world of cybersquatting. We unravel the two primary weapons brand owners have in this fight: the U.S. Anticybersquatting Consumer Protection Act (ACPA) and the global Uniform Domain Name Dispute Resolution Policy (UDRP).
We’ll contrast how each framework defines and proves the crucial element of "bad faith" and highlight a key distinction: can you be liable if your bad intentions only developed after you registered the domain? We'll look at the case of DSPT v. Nahum to see how the ACPA handles post-registration bad faith, a scenario where the UDRP might fall short. Then, we explore the other side of the coin: when is it okay to use someone else's trademark in your domain name? We break down the principles of nominative fair use through the landmark Toyota v. Tabari case to understand the legitimate defenses available to domain name registrants.
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