Lesley A. Wallerstein, LLC
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New Merchandise Mart / River North location now open!

Can I be in two places at once? Yes! I’ve just opened a second location at Chicago’s uber (not Uber) tech hub Merchandise Mart. I’m really there and just down the hall from 1871 and Matter, and steps from the[...]

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IKEA takes the high road with their low-end bag

In my line of work, people take their ideas very seriously. Frankly, that’s why my job exists. Patents and trademarks help people protect what they create. You get a patent or a trademark, then threaten to sue anyone who copies[...]

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Can I file my own patent or trademark application?

These days, it seems everyone wants to do it yourself. I love this can-do spirit. People are building their own homes, growing their own vegetables, sewing their own clothes. And for every project, there is a YouTube video that shows[...]

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P(R)esident T(R)ump

You may have heard that President Trump has just applied to trademark “KEEP AMERICA GREAT.” In fact, he has applied for two trademarks in this phrase. You may not know that Trump already has two registered trademarks for “MAKE AMERICA[...]

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Three Stripes and You’re Out! (of a Trademark)

Adidas successfully opposes Etonic’s application for a trademark for athletic shoes. Trademark Trial and Appeals Board ruled that Etonic’s stylized E (left) looks too much like Adidas’ famous three stripes. Three stripes on shoes since 1952, national sales in the billions, partnerships with[...]

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Federal Circuit holds Unconstitutional Trademark anti-Disparagement Requirement

In a groundbreaking decision, Judge Moore of the U.S. Court of Appeals of the Federal Circuit invalidated on Constitutional grounds the requirement that registered trademarks not disparage a person or group of people. The U.S. Patent & Trademark Office had[...]

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“LEFT NUT BREWING COMPANY” NOT scandalous for beer…

In recent news, the trademark examining attorney refused registration of the stylized mark LEFT NUT BREWING COMPANY for beer, on grounds that it was scandalous and vulgar. Applicant appealed to the Trademark Trial and Appeals Board. The Board agreed that[...]

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A registered trademark of Major League Baseball…

Cubs Sue ‘Unofficial Mascot’ for Trademark Infringement At first glance, the press begs the question of whether this is a defensible fair use or dilution/trademark infringement? However, if I were the defendants, I would raise a completely different argument.  Who[...]

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You can catch more flies with honey than with a lawyer…

Here’s how a little civlity, humility and professionalism averted what could have been a lengthy and expensive trademark dispute.  We should all strive to follow their example; I wish they could all go this smoothly. It wasn’t really a course,[...]

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What will come between you and your Calvins, or is your undershirt giving you a reputation?

That was in part the question asked by Chicago Tribune business columnist Phil Rosenthal last Sunday.  Dismayed at the decline in fabric quality and workmanship in his favorite CK undershirts, he asked Klein’s brand managers to answer for the multi-billion[...]

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