Welcome to the final chapter of our Burger War Trilogy. In our earlier installments, Part I and Part II, we discussed the secondary meaning surveys proffered by both parties in this trade dress dispute. We now turn to...more
There are two sure-fire ways to maximize the chances that a consumer survey gets bounced out of federal court: (1) surveying the wrong people; and (2) leading them to a desired “correct” answer. Both of these survey maladies...more
Jägermeister: it’s no longer for “pukey frat guys.” Or, at least according to Jägermeister’s recent adversary, that was the sordid reputation Jägermeister wanted to shed in a PR blitz launched in 2016....more
It is an epic trademark dispute with a lot of bling. Tiffany & Co. vs. Costco. The famed jeweler from the east vs. the titan of warehouse discounts from the west. A jury found that Costco was liable to Tiffany & Co. to the...more
You know of this lawsuit, we’ve blogged on it twice, It’s time for a check-in, to see who’s naughty and nice.
The Plaintiff as you know is the heir of Dr. Seuss, And fussing and fuming about an alleged unfair use....more
In trademark infringement cases, consumer survey evidence can be a powerful tool. It can also badly malfunction, as Black & Decker recently experienced. ...more
In a previous post we discussed what SpongeBob SquarePants can teach us about trademark licensing. Now, more IP lessons are bubbling up from the fathoms below thanks to our absorbent, yellow and porous friend. ...more
1/13/2017
/ Dilution ,
IP License ,
Lanham Act ,
Nickelodeon ,
Secondary Meaning ,
Service Marks ,
Summary Judgment ,
Trademark Infringement ,
Trademarks ,
Viacom ,
Young Lawyers
It’s been almost 30 years since we were introduced to bad boy dance instructor Johnny Castle (Patrick Swayze) and sweet daddy’s girl Frances “Baby” Houseman (Jennifer Grey). This star-crossed duo shimmied their way to...more
Baseball parks and hot dogs are staples of Americana. So, it is no surprise that both were recently on display in a Lanham Act dispute in the U.S. District Court for the Eastern District of Pennsylvania. The court’s...more
It turns out that SpongeBob Squarepants is more than just an absorbent, yellow and porous cartoon character who lives in a pineapple under the sea. He can also teach us an important lesson about trademark licensing and...more