In August of 2018, the U.S. Trademark Trial and Appeal Board (TTAB), which decides cases certain trademark cases, refused rapper will.i.am’s attempt to register a hashtag as a trademark. Specifically, i.am.symbolic,llc (will.i.am’s company), attempted to register #WILLPOWER for a variety of apparel goods. The Trademark Examining Attorney refused his application because WILLPOWER WEAR was already registered for “Hats; Jackets; Pants; Shirts; Shoes,” and i.am.symbolic appealed the decision to the TTAB.… Continue Reading
On September 7, 2017, the U.S. Federal Trade Commission (FTC) announced that it had entered into a proposed consent agreement with two individuals and their company that allegedly ran an online gaming community website that allowed users to gamble virtual currency. According to the FTC complaint, the two individuals promoted the gaming site and not only failed to disclose their ownership interest in the site or that they were playing with company money, but they also paid other social media influencers between $2,500 and $55,000 to promote the site.
We have previously discussed whether hashtags can be registered as trademarks (yes, they can!) and their increasing prevalence on social media. In this post, we take a closer look at whether brand owners should pursue trademark protection for marks incorporating hashtags.… Continue Reading
#Yes! In the United States, a hashtag can be trademarked if it serves a source-identifying function for the trademark owner’s goods or services.
Hashtags, which started on Twitter as a way for users to follow conversations on particular topics, are words or phrases that follow the pound or hash sign (“#”). Since their inception, hashtags have become a popular way for Internet users to indicate that a post or other piece of content is related to a specific thing – a specific issue, a topic in the news, an event, or even a company or product.… Continue Reading