Trademark Review - Volume 2 | Issue 12 December 2012


In This Issue:

• Owner of “WOULD YOU RATHER...?” Wins $8.3 Million

• PC ON A STICK Is Not Merely Descriptive

• Sonoma Wine Producer Wins Geographically Limited Injunction

• Brand Owners Awarded Favorable Damages Awards in Counterfeiting Cases

- Excerpt from Owner of “WOULD YOU RATHER...?” Wins $8.3 Million:

In a case that started in 2006, a jury unanimously ruled that the phrase “Would You Rather...?” is protectable as a trademark for board games and books. The jury further found that Zobmondo infringed the owner’s rights by using the same phrase for the same types of goods and awarded the owner $5.1 million in damages and $3.5 million in punitive damages...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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