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When is a Flavor/Taste Trademark Possible?

Are your intellectual taste buds craving more discussion of non-traditional trademarks? It’s not every day we have the opportunity to write about a restaurant’s claimed trademark protection for the flavor or taste of certain...more

10/27/2014 - Functionality Infringement Restaurant Industry Trade Dress Trademarks

Will Montana-Based Victory Energize Win Its “Trademark Bully” Charge Against Monster?

Last week more allegations of “trademark bullying” appeared in the headlines. This time, Victory Energize, an energy drink company based in Missoula, Montana, is calling out Monster Energy for sending a cease and desist...more

9/22/2014 - Cease and Desist Infringement Likelihood of Confusion Monster Energy Drinks Popular Trade Dress Trademark Bullying Trademarks

(Subway) Eat Flesh, An Effective Parody?

This past weekend one of my sons said, “Dad, I have a good blog topic for you.” After he explained, it was clear, yes, son you do! So, he sent me the photo to the left. It is one that he recently snapped at a place that sells...more

9/15/2014 - Fast-Food Industry Infringement Parody Subway Trademarks

Another Real Lulu: Anatomy of an Affidavit

On Tuesday of this week, we discussed the trademark infringement case filed by Lulu’s Market & Deli against Lulu’s Public House (depicted above), here is a link to a pdf of the Complaint. As you will recall, we...more

8/29/2014 - Grocery Stores Infringement Injunctions Restaurant Industry Trademarks

Dethroning a Right to Register a Trademark?

Last month, you will recall we wrote about the important difference between the right to register a trademark and the right to use a trademark...more

7/15/2014 - Infringement Likelihood of Confusion Registration Trademarks USPTO

Gia Nother Wine Bottle Trademark

Combing through the USPTO’s recently approved non-verbal trademark registrations revealed this little gem with Francis Ford Coppola’s name on the label (but not claimed as part of the mark)...more

6/9/2014 - Coppola Infringement Trademarks USPTO Wine & Alcohol

Anticipation . . . But, Heinz is Not Keeping Melinda’s Habanero Ketchup Waiting

Last month Heinz, a brand “synonymous with ketchup throughout the world,” and a seller of “650 million bottles of Heinz ketchup each year,” brought a federal trademark infringement and dilution lawsuit in Texas to enforce...more

4/4/2014 - Brand Dilution Heinz Infringement Trademarks

LogoThief to the Rescue

There is a brand new exposer of potential intellectual property violations on the scene, meet LogoThief. “We exist to name and shame logo thieves and all others who plagiarise the work of logo designers.” ...more

11/25/2013 - Copyright Infringement Logos Trademarks

High Performance. Delivered. In 83 Days

Sometimes if you blink you can miss a trademark infringement suit from beginning to end. Well, ok, that’s probably a slight exaggeration. In case you missed the news reports from June, Accenture sued rival Deloitte for...more

10/2/2013 - Accenture Deloitte Infringement Slogans Trademark Litigation Trademarks

The Wharton School Goes to Trademark Court to Protect Its Business Reputation

Earlier this week, Joseph N. DiStefano of Philly.com reported that the University of Pennsylvania filed suit in federal district court to protect its well-known federally-registered rights in the WHARTON name and mark. (Hat...more

8/16/2013 - Brand Infringement Private Schools Reputation Management Trademarks

Distinguishing the Fictional From the Real: Names and Brands in Television and Movies

We have an interesting question to answer, leading us into the holiday weekend, during which I suspect a few movies will be watched by more than a few marketing types and trademark types...more

5/24/2013 - Infringement Movies Television Shows Trademarks

Canine Inspired Copyright Confusion?

When we mention confusion on DuetsBlog, we’re typically referring to the well-known likelihood of confusion test of trademark infringement. But today, we’re focused on the apparent confusion many have about the important...more

3/25/2013 - Copyright Infringement Photographs

The Not-So-Happy Place of Genericness

Restaurant trade dress is possible to own when the claimed trade dress is distinctive and non-functional, think Taco Cabana. Restaurant trade dress can be so unique in the marketplace that distinctiveness is presumed with a...more

2/11/2013 - Generic Infringement Inherently Distinctive Resorts & Restaurants Trade Dress

Supreme Court Upholds Nike’s Promise to “Break the Wrist, and Walk Away”

Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants...more

1/10/2013 - Infringement Lanham Act Nike SCOTUS Trademark Bullying Trademarks

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