Trademark Bullying

News & Analysis as of

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

Crushing the Competition

The first time I head the phrase “Candy Crush,” I remember thinking it was something edible. In actuality, Candy Crush (also known as “Candy Crush Saga”) is a game developed by the developer King.com, Ltd. (King) for Facebook...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014): Build Your Brand Without...

It is time for a new look at trademark bullying. In recent months, trademark bullying has captured the attention of the trademark bar and the national media. The Wall Street Journal has written about it, the International...more

Don’t Get “Crushed”: Three Ways to Avoid Being a Bully While Protecting Your Trademarks

Protecting a trademark can often create as many new problems for a brand owner as it solves, if not handled properly. Recently, King.com, owner of the popular game app Candy Crush Saga, received an avalanche of...more

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

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

The MPAA and the Midwives, and Other Cautionary Tales

As we all know, The Motion Picture Association of America (MPAA) has long taken an active role in the debate regarding the advantages and disadvantages of traditional midwifery and modern medical views regarding childbirth....more

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

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

Trademark Review - Volume 3 | Issue 7 July 2013

In This Issue: • The Power Shifts Back to Kelly-Brown • The Color Black Is Aesthetically Functional for Floral Boxes • Louboutin’s Red Soled Shoes Keep Marching On • Multiple Fashion Retailers Can Enjoy Use...more

Don’t Tread On Me…

Trademark bullying has received a somewhat significant amount of attention over the last few years, including potential new legislation in Minnesota. (See below) A trademark owner (or “bully” in the eyes of some) may forum...more

NY ? TM

Last week I stopped at a local wine and beer store to pick up a bottle of wine to bring to a friend’s dinner party (but also couldn’t resist purchasing a 4-pack of Surly’s Bitter Brewer. I had never seen it before, but highly...more

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

Prince, the DMCA, and Copyright Bullying

Minneapolis’ own hometown hero Prince Rogers Nelson, formerly and currently known simply as “Prince,” has been in the news quite often in 2013. It began with his surprise, limited ticket performances in January, which he...more

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

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

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

Supreme Court Holds Covenant Not to Sue Moots Counterclaim for Invalidity

In a unanimous decision issued in Already, LLC d/b/a/ Yums v. Nike (No. 11-982, January 9, 2013), the Supreme Court held that a plaintiff’s dismissal of a trademark infringement case, combined with a broad covenant not to...more

Nike’s Successful Retreat Strategy: Trademark Defendant’s Invalidity Counterclaim Is Moot Following Plaintiff’s Covenant Not to...

Nike, having sued competitor Already LLC for infringing its marks, later issued a covenant not to sue to Already and sought to dismiss the case. Defendant Already, however, had filed a counterclaim seeking a declaration that...more

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

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