In a surprising move last week, Urban Outfitters and its subsidiaries (collectively “Urban Outfitters”) moved to withdraw their motion for partial summary judgment on the secondary liability claims being brought against them...more
Battles continue to wage over use of the “Navajo” and “Navaho” marks in New Mexico federal court. The Navajo Nation (“the Nation”) sued Urban Outfitters and its subsidiaries, including one of my favorite retailers,...more
I had the great fortune to attend the recent FUSE conference held in Chicago for design and branding professionals, and see Oscar-nominated documentary filmmaker Morgan Spurlock speak.
You may, like me and hundreds of others, have had the “Blurred Lines” verses: “I know you want it, You’re a good girl, You’re far from plastic, Talk about getting blasted, I hate these blurred lines,” stuck in your head. And,...more
Now I do not mean to tell you that you should return an authentic Longchamp bag from the shops in Paris or the famous bags sold in boutiques stateside.
But, if your sweetheart bought you a bag from Bed Bath & Beyond...more
Pom Wonderful received an early New Year’s present from the Ninth Circuit last Tuesday. A lower court had denied Pom Wonderful’s motion to enjoin the company doing business as Pur Beverages from using “pom” on its...more
According to music icon Don Henley, intellectual property rights are not a joking matter....more
Even in a small town in Germany or Mumbai, India, you will find a Starbucks Coffee Company (“Starbucks”) on the corner. Starbucks sells a billion dollars of my favorite Frappuccino drink a year throughout the world.
As a huge fan of gangster movies, I was intrigued by a recently filed lawsuit in California. Although I am familiar with actor Frank Sivero’s work in “The Godfather: Part II” and in “Goodfellas”, I am not familiar with the...more
If you thought this would be about diamonds you are wrong. It is about chocolate!
My favorite candy REESE’S Peanut Butter Cup is at the heart of Hershey Co.’s (“Hershey”) recently filed suit against LBB Imports LLC...more
Although once illegal in the United States, absinthe can now be consumed in your local bars. It was a favorite drink of writers and artists such as Ernest Hemmingway, Vincent van Gogh, Oscar Wilde and Pablo Picasso. ...more
A beloved childhood game is at the heart of an intellectual property dispute. Landmark Entertainment Group, LLC (“Landmark”) sued Hasbro Studios (“Hasbro”) over the contractual and intellectual property rights in original...more
In the last few lines of To Kill A Mockingbird, Scout tells Atticus that “he was real nice.” Atticus responds, “most people are, Scout, when you finally see them.” I wonder if Harper Lee can now say that about the people...more
Born on December 13, 1999, Taylor Swift touts the number 13 as her lucky number. The second sentence on her Website is “I love the number 13.” This love is often memorialized by a henna tattoo on her hand (see below). ...more
The lawsuit that we told you about regarding a dispute over the trademark rights to the use of TO KILL A MOCKINGBIRD continues. See link below. The defendant Monroe County Heritage Museum brought a motion to dismiss. The...more
When I read about one of the recent “right of publicity” cases, I thought back to the Eighties and “Who Shot JR?” This is because Mary Crosby, as the character Kristin Shepard, was the one who shot JR in 1980 on the widely...more
Genericide kills trademark rights. It has been alleged that “Tiffany setting,” encompassing the famous TIFFANY mark owned by Tiffany and Company (“Tiffany”), is merely a generic term for a type of engagement ring....more
Social media weighs in on the dispute over use of the mark ROUBAIX in connection with bicycles. A lawsuit was brought by Specialized Bicycle Components, Inc. (“Specialized”) who owned the registration for the mark in Canada...more
Trademark law provides additional protection for famous trademarks. We have all heard of the famous trademarks COCA-COLA, KODAK, and WIMBLEDON. Although many trademark owners try, it is very difficult to achieve famous...more
There has been a lot of legal activity in connection with Ms. Lee, her book title and trademark applications filed for “TO KILL A MOCKINGBIRD.” For instance, Ms. Lee filed a trademark application for use of “TO KILL A...more
The latest shoe dispute involves AirWair International Ltd. (“AirWair”), who manufactures the Dr. Martens shoe brand, and an alleged knock-off being sold by Cels Enterprises, Inc., d/b/a Chinese Laundry (“Chinese Laundry”)...more
As football season approaches, it is not surprising that star quarterbacks such as San Francisco 49er Colin Kaepernick are making the news. I read an article in Forbes magazine about “Questions Concerning Copyright of Athlete...more
As I was enjoying a Wendy’s chocolate frosty, I began thinking about the new Wendy’s logo I had seen in several articles on Yahoo! In the midst of the hoopla about the “hidden” or subliminal message in the new logo, I got to...more
Trademarks covering cheese are at the heart of two lawsuits involving Kraft Foods Group, Inc. (“Kraft”). Kraft is the largest packaged-food company in the United States. It is second only to Nestlé in terms of world sales. ...more
If you are Samuel R. Mott, founder of Mott’s LLP, apparently the answer is no. Mott’s LLP filed applications to register “MOTT’S” for “baby foods” and “packaged combinations consisting of fresh fruit.” (Serial Nos....more