News & Analysis as of

Goodwill Trademarks

Dorsey & Whitney LLP

Whataburger v. What-A-Burger #13 - A battle for trademark rights in North Carolina, and potential defenses for junior trademark...

Dorsey & Whitney LLP on

Whataburger has once again found itself in the news over a lawsuit it filed over naming rights against a long-standing East Coast burger establishment for its purported infringement of the WHATABURGER trademark....more

Holland & Knight LLP

The Metaverse: Artistic Uses of Trademarks in Virtual Spaces

Holland & Knight LLP on

The metaverse provides new opportunities to engross consumers in branded environments. A brand can, for example, produce an entire curated, virtual world for the consumer to explore. As a real-world analogy, such virtual...more

Smart & Biggar

The fight over depreciation of goodwill in Canada keeps going and going …

Smart & Biggar on

While comparative advertising can be an effective tool for comparing and contrasting competing brands, there are limits on what claims can lawfully be made. One such limit is provided by Section 22 of the Trademarks Act,...more

Rivkin Radler LLP

Brands Respond to COVID-19

Rivkin Radler LLP on

Many years ago, Mr. Rogers bestowed upon his audience some sage advice given to him by his mother after he would see scary things in the news. His mother told him “look for the helpers. You will always find people who are...more

Smart & Biggar

Preparing a trademark strategy: 5 considerations for start-ups

Smart & Biggar on

Most entrepreneurs have a general understanding that trademarks are good for business. However, many overlook the importance of having a trademark strategy in place. Simply put, a trademark can be a unique combination of...more

Jaburg Wilk

Why Register My Trademark? The Benefits of Trademark Registration

Jaburg Wilk on

A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a...more

McDermott Will & Emery

Honey Badger Don’t Give a Summary Judgment

McDermott Will & Emery on

In a trademark dispute stemming from a 2011 viral video and internet meme titled “The Crazy Nastyass Honey Badger,” the US Court of Appeals for the Ninth Circuit ruled in favor of the defendant greeting card companies,...more

Knobbe Martens

Loves me not: Wholesale Jewelry, Inc. Hit with Infringement of Cartier Trademarks and LOVE Collection Trade Dress

Knobbe Martens on

On July 18, 2018 the well-known luxury goods company, Cartier International AG and Cartier, a division of Richemont North America Inc. (collectively, “Cartier” or “Plaintiffs”) filed suit in the United States District Court...more

Smart & Biggar

Top 10 Highlights of Canadian IP Law and Practice in 2017

Smart & Biggar on

2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

Bennett Jones LLP

Captain Morgan Defeats Admiral Nelson in a Rum Branding Battle

Bennett Jones LLP on

The victory in the fight between two rum competitors demonstrates that unregistered trade dress rights are alive and well in Canada, admissible survey evidence remains a useful tool for proving confusion, and a competing...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Zombie Trademarks - When is a "Dead" Mark Really Alive, and Able to Bite?

Earlier this month, Macy's won a ruling against a company that revives out-of-use, but well-known brands. Strategic Marks LLC is in the business of reviving abandoned brands, sometimes referred to as "zombie" brands, using...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Out With the Old, In With the New

The beginning of a new year is often the impetus for change. For companies, this may mean a rebranding initiative involving an update to a company's house mark or logo. In 2015 several companies, including Google, Facebook,...more

Eversheds Sutherland (US) LLP

Choosing a Trademark

Two-Fold Purpose of Trademarks - Customers know a business and its goods and services by its trademarks. Trademarks are source identifiers that indicate the origin of goods or services in the marketplace and...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide