Webinar: You, Me & IP Series – The Grinch Who Stole Holiday Trademarks

As part of a monthly Intellectual Property webinar series hosted by partner Sharon Urias and attorney Justin McNaughton, this session discussed how trademarks play into the holiday season. “It is common at this time of year in particular for the trademark trolls to come out and demand licensing fees,” explained Ms. Urias. In discussing the four types of trademarks – arbitrary (which offers the highest protection), suggestive, descriptive, and generic, the speakers estimated that about 80% of trademark fights are over descriptive and generic trademarks.

From the terms “The Grinch” to “COVID Christmas,” the trademark applications during the holiday season are especially high. In fact, there have been 22 applications to trademark the “Ugly Christmas Sweater.” Luckily, the USPTO is hard at work to keep things fair and ensure that everyone is able to legally enjoy their favorite holiday traditions. So, as long as you’re not selling a trademarked brand or image, you should be safe wearing your favorite holiday sweater, sharing a funny meme with friends, or enjoying gingerbread cookies. They also warned viewers to be careful re-selling trademarked items on Amazon, as it could lead to getting reported and blocked on Amazon – a block that’s difficult to remove quickly during the holiday season.