It may be because I attended her concert last weekend, but a new trademark lawsuit brought by the owner of the GATORADE mark made me think of Taylor Swift. One of her popular songs, “Shake it Off” has a chorus that says,...more
As I was looking at a photo of the fish my nephew caught this weekend, I wondered if my brother and my sister-in-law would be inviting me to a fish fry.
Indeed, a fish fry was on my mind after having just read the...more
The barrage of counterfeit jewelry products bearing the “Isis Cross” will cease! After more than two years of battling with counterfeiters, Tory Burch, LLC and its subsidiary (“Tory Burch”) secured a $41 million judgment and...more
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
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.
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
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
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 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
Coincidentally (or perhaps by design), Tiffany and Company (“Tiffany”) filed suit on Valentine’s Day against Costco Wholesale Corporation (“Costco”) to protect its trademark with respect to engagement rings. We know from our...more
Do you need to buy a last minute Valentine’s Day gift? You may be thinking of picking up the best-selling book Fifty Shades of Grey. Be careful – you need to read this post so that you are not confused and buy something else....more
While watching Lena Dunham stumble in her 6-inch Louboutin red-soled heels during the 70th Annual Golden Globe Awards broadcast, our comments revolved around the fact that her dress was so long, she should have worn slippers...more
It’s not every day that a small company stands up for itself against a multi-billion dollar company in court, and manages to obtain a large verdict in the process, but this is precisely the Cinderella story that played out in...more