Jamie J. Fitzgerald

Jamie J. Fitzgerald

Downs Rachlin Martin PLLC

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Pun Marks Are Fun Marks! Then Why Is Chewy Vuiton OK, But Not Ben & Cherry’s?

Last year a California porn studio, Caballero Video, paid dubious homage to Ben & Jerry’s® (“B&J”) when it launched a “Ben & Cherry’s” film series. Even the less explicit titles in the series, such as BOSTON CREAM THIGH...more

11/27/2013 - Infringement Parody Trade Dress Trademarks

CAFC Scandalized By “Vulgar” Mark For Sweet Product

Today we address suggestive marks – “suggestive” as in meretricious, not as one of the measures of trademark strength. It was three strikes and you’re out for Ms. Marsha Fox, who in 2001 applied to register COCK SUCKER and...more

1/23/2013 - Appeals Seven Dirty Words Suggestive Marks Trademark Act Trademarks USPTO

Confusingly Similar? Don’t Make Me L.A.F.

August 28, 2011 - When Hurricane Irene’s floodwaters savagely inundated central and southern Vermont on August 28, 2011, native Vermonters Eric Mallette and Lyz Tomsuden were inspired to create the battle cry “I Am Vermont...more

11/14/2012 - Hurricane Irene Lance Armstrong Livestrong Natural Disasters Playboy Trademarks

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