Posts in Trademark


Boston-based Tasty Burger alleges trademark infringement by Tasty Made, Chipotle’s burger chain

hipotle Mexican Grill is gearing up to launch a new franchise brand of restaurants. The first Tasty Made will open this fall in Lancaster, OH, and locations …
By Steve Brachmann & Gene Quinn
12 days ago 0

How do Estates Monetize Images and Intellectual Property of Dead Celebrities?

With the deaths of Prince and David Bowie earlier in the year, the process by which celebrity estates monetize the images and other intellectual property (IP) of …
By Derek Handova
16 days ago 1

#Infringement? Olympic Committee Attempts to Knock Out Competitors

The Olympic Games will draw the attention of the world under a banner of honest competition and camaraderie. However, many have accused the International Olympic Committee (IOC) …
By Ryan Fox
17 days ago 0

How Trade Dress Can Help Game Developers Level Up

A developer asserting trade dress protection must, therefore, establish that a game’s design does not yield a utilitarian advantage by demonstrating that “the product feature serves …
By Eric Ball & Alexander Ip
19 days ago 0

Governments banning use of brands is a troublesome trend

We understand governments have a responsibility to protect the health of their citizens and therefore, should regulate harmful products. However, there is no compelling evidence that restricting …

Patent litigation returning to pre-2013 levels, says Lex Machina

During 2016’s second quarter, plaintiffs filed a total of 1,282 patent infringement cases in U.S. district court. This is a 33 percent increase in the 958 patent cases filed …
By Steve Brachmann
1 month ago 0

Parent or Subsidiary? Think Twice Before Opting Not to Have the Parent Own the Trademark

Where a company has a complicated ownership structure – perhaps hundreds or even thousands of legal entities ultimately under a single parent company – the trademark practitioner may colloquially …

Uber IP: A primer on the patents, trademarks and copyrights owned by Uber

Uber has also obtained design patent protection for its user interfaces. The user interfaces would not be eligible for protection under trademark law, therefore, design patent protection …
By Audrey Ogurchak
1 month ago 1

Protection of Official Names of States and Prevention of their Registration and Use as Trademarks

Protection of the official names of States and prevention of their registration and use as trademarks have been the focus of attention of the Standing Committee on …
By Olga Kreshchenko
2 months ago 0

Federal Circuit Affirms Registration of MAYARI over Opposition from MAYA Trademark Holder

Oakville Hills Cellar, Inc. (“Oakville”), doing business as Dalla Valle Vineyards, appealed from the decision of the Trademark Trial and Appeal Board (TTAB) of the United States …

Nike Converse’s ITC strategy a mixed bag

In late 2014, Nike Converse Inc. launched an aggressive attack in the U.S. District Court in Brooklyn against companies including Walmart, Under Armour and Ralph Lauren for …
By Nicholas Rozansky
2 months ago 1

Counterfeit Medicines and the Role of IP in Patient Safety

Given the devastating impact of counterfeit medicines on patients and the importance of intellectual property protection in combating pharmaceutical counterfeiting, it is troubling that the UN High …
By Dr. Kristina Lybecker
2 months ago 0

#UNDECIDED: Trademark Protection for Hashtags

Can a hashtag be a protectable trademark? And when does use of another’s trademark in hashtags constitute infringement? Disagreement has arisen among the United States Patent …
By David Kohane
2 months ago 1

A Trademark Lawsuit ‘Lager’ Than Life 

The Lumbee Tribe’s lawsuit alleges trademark infringement, unfair competition, and deceptive trade practices for Anheuser-Busch’s use of the tribe’s HERITAGE, PRIDE & STRENGTH slogan and …

Brand Owners Watch as Smoke Clears on Plain Packaging Efforts

The major premise of plain packaging is that when stripped of producers’ logos, brand images and promotional matter, tobacco products simply aren’t as attractive to consumers. …
By Brian Focarino
2 months ago 2