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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

Bungle in the Beer Tapper Jungle?

The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois,...more

2/10/2014 - Brand Breweries Design Patent Lanham Act Non-Traditional Trademark Protection Trade Dress Trademarks Wine & Alcohol

McDonald’s Trade Dress? State Farm is There.

Passing by a roadside billboard recently (below is a miniature version I found in the Minneapolis skyway system), my first thought was, wow, McDonald’s is getting into the juicy lucy business...more

3/4/2013 - Advertising McDonalds State Farm Trade Dress

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

Inherently Distinctive Restaurant Interior?

We recently focused our attention on a very unique-looking, dare I say distinctive, retail store exterior design; for a quick reminder, see below. The recent craze for self-serve frozen yogurt shops – where you pay by...more

1/3/2013 - Brand Trade Dress

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