alex roberts
@lexlanham.bsky.social
5.7K followers 1.6K following 2.2K posts
law professor teaching & writing about trademark, false advertising, IP, & entertainment law at northeastern
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lexlanham.bsky.social
my friend once pronounced hyannis "high anus" and i nearly died
lexlanham.bsky.social
a student asked today why obtaining a patent or registering a trademark is called "patent prosecution" & "trademark prosecution," while prosecution has a much different meaning in other legal contexts

anyone have any insight? based on another definition of prosecute, but why?
lexlanham.bsky.social
jawnt for a transit benefits platform: descriptive or suggestive or fanciful?
lexlanham.bsky.social
bona fide intent to….possibly use, I think
lexlanham.bsky.social
mariah carey applies to register the name of her 14 y/o daughter, monroe carey, as a trademark for entertainment services, including live music performances

if monroe doesn't like that fact, there might be little she can do about it under current law:

houstonlawreview.org/article/1275...
Of Marks and Minors | Published in Houston Law Review
By Alexandra J. Roberts. 62 Hous. L. Rev. 307 (2024)
houstonlawreview.org
lexlanham.bsky.social
me: omg i am so behind i have so much to do today MUST STAY FOCUSED

also me:
lexlanham.bsky.social
hunky butlers argue "butlers in the buff" is the name of a whole occupation, like "lawyer" or "teacher"

& that not being able to use "butlers in the buff" on its website impacts its marketing & ability to reach potential consumers

www.liverpoolecho.co.uk/news/liverpo...
'Hunky butler' business' legal battle over what it called staff
The company is based in Liverpool city centre and provides staff for parties
www.liverpoolecho.co.uk
lexlanham.bsky.social
(*it is not entirely clear from this news coverage whether hunky butlers has actually been sued, or has just received a C&D. "they've brought a trademark infringement against us"--ehh, i'm only 70% confident this is a lawsuit.)
lexlanham.bsky.social
question: if the butlers are wearing bowties, are they truly in the buff? if not, would this be a deceptively misdescriptive--or even a deceptive, & thus unregistrable--trademark under US law?
lexlanham.bsky.social
In response, a BintheB spokesperson said: "butlers in the buff is the original & official provider of semi-naked butler entertainment, trading for more than 20 years with a registered UK trademark...we are obliged to protect our IP & prevent confusion in the marketplace."
lexlanham.bsky.social
hunky butlers argue "butlers in the buff" is the name of a whole occupation, like "lawyer" or "teacher"

& that not being able to use "butlers in the buff" on its website impacts its marketing & ability to reach potential consumers

www.liverpoolecho.co.uk/news/liverpo...
'Hunky butler' business' legal battle over what it called staff
The company is based in Liverpool city centre and provides staff for parties
www.liverpoolecho.co.uk
lexlanham.bsky.social
hunky butlers, sued* for trademark infringement because it called its employees "butlers in the buff," argues "butlers in the buff" is generic for semi-clothed butler services & should be ineligible for trademark protection
lexlanham.bsky.social
autocorrect consistently changing “babkes” to “babies” has made a whole lot of my text exchanges confusing
lexlanham.bsky.social
surround yourself with people who see & appreciate you for the absolute nerd you truly are 🥰 🦀
lexlanham.bsky.social
(to be clear i argue in my article that this is bad, personal brand is not IP, and courts shouldn't fall for that framing--but it's definitely happening in lawsuits as well as pop culture reporting)
lexlanham.bsky.social
why am i writing about personal brand as intellectual property?

check out this headline--press is using "personal brand" as a synonym/stand in for trademark registration

dailysports.net/news/its-bus...
lexlanham.bsky.social
I’ve been married 16 years and vote in every election, it’s not a thing
lexlanham.bsky.social
“us weekly has affiliate partnerships” is a strange choice as ftc-required disclosures of sponcon go. why not say when you’re advertising a knockoff bag that your affiliate partnership is with the seller of that bag? (to force ppl to the link to buy rather than revealing brand?)
lexlanham.bsky.social
I was going to explain all of that but there was a line of people behind us so I just said “yeah, you can do it, it’s great!”
lexlanham.bsky.social
I assume she wasn’t married yet but idk
lexlanham.bsky.social
she was so surprised about this revelation!

so, in case there is anyone left out there who didn’t know: yes. you can just keep your name forever. it’s easy in fact.
lexlanham.bsky.social
today when accessing a lounge at DCA I told the woman behind the desk I have a different name from my husband & she was like “what do you mean” & we explained we don’t have the same last name & she said “I should do that! you can just…do that? I never knew” 😳
lexlanham.bsky.social
so far in 2025:

*trump org. sends C&D to trump burgers alleging unauthorized use of trademark

*trump burgers sues MAGA burgers for TM infringement; MAGA burgers countersues

*trump burger's owner is detained by ICE

thetexan.news/texas-local-...
'Trump Burger' Owners Sue 'MAGA Burger' in Federal Court for Trademark Infringement, Civil Theft
The landlord is operating the seized Kemah location as “MAGA Burger.”
thetexan.news