In this episode of No Infringement Intended, Austin Padgett and Rusty Close go from swapping Georgia music favorites and high school nicknames to dissecting the Lanham Act’s uneasy relationship with surnames. Austin and Rusty walk through why the USPTO is wary of letting anyone monopolize a last name, break down the five-factor test examiners use, explain how some brands overcome surname refusals under Section 2(f), and analyze recent TTAB decisions.

Insight Industries + Practices