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Bo Knows, How To Beat a Trademark Bully

This Bo might not have won the Heisman Trophy, he might not have played in the NFL or MLB, he might not have enjoyed a lucrative Nike endorsement deal, and he might not have been named ESPN’s greatest athlete of all time, but...more

12/15/2014 - Chick-Fil-A Intellectual Property Litigation Popular Trademark Bullying Trademark Litigation 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

Hanging Around Trademark Disputes

When you hang around trademark disputes long enough you start to see patterns, at least, at the ends of the spectrum (or not). We have spilled much digital ink over allegations of “trademark bullying” — something that...more

12/3/2013 - Trademark Bullying Trademarks USPTO

When Intent Matters in Trademark Matters

One of the unfortunate aspects of trademark practice is the permission that exists in the law to challenge the motives and intentions of people. Unfortunate, because this permission is frequently abused, especially by...more

10/29/2013 - Intent Trademark Bullying Trademarks

The Trademark Bullying Dialogue Continues

Sophisticated trademark owners recognize that their trademark rights are dynamic — even if their trademarks aren’t famous for purposes of dilution – they can grow or shrink over time, depending on the magnitude of their own...more

9/24/2013 - Third-Party Liability Trademark Bullying Trademarks

Chick-fil-A to Land in Trademark Bully Court?

As Chick-fil-A enters the Twin Cities market, it has begun another creative billboard campaign touting the “End of Burgerz — Koming Soon,” with no sign of the “Eat Mor Chikin” campaign, as of yet anyway. Bo Muller-Moore of...more

8/27/2013 - Brand Chik-Fil-A Trademark Bullying

The INTA “Trademark Bullying” Straitjacket

This past week I’ve been pondering a question of great importance: When might a straitjacket double as a life vest? The answer actually arrived last Monday during INTA’s “The Ethics of Trademark Bullying” panel discussion at...more

5/13/2013 - Trademark Bullying Trademarks

Minnesota to Own “Trademark Bullies”

Minnesota is positioned once again to take legislative ownership of the ”trademark bullying” debate. Putting aside the serious questions of whether new laws are needed and whether a state as opposed to a federal solution can...more

3/18/2013 - Attorney's Fees Proposed Legislation Trademark Bullying Trademarks

Monster Cable Ordered to Pay Monster Daddy Attorneys Fees in Meritless Appeal

Techdirt has written extensively about why Monster Cable is considered ”somewhat famous as a trademark bully.” Numerous comments to a TTABlog post reinforce this view....more

2/20/2013 - Appeals Attorney's Fees Monster Cable Monster Daddy Trademark Bullying Trademarks

NFL Thwarts Ownership of Harbowl TM

As many have written about before me, the NFL is quite protective of its rights in the SUPER BOWL trademark, so much so that some think it has earned the pejorative ”trademark bully” label, so I spilled a little digital ink...more

1/28/2013 - NFL Super Bowl Trademark Bullying Trademarks

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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