Posts in Trademark


Twentieth Century Fox Television Wins Trademark Case, ‘Empire’ Does Not Infringe

The 9th Circuit affirmed the title 'Empire' was speech protected under the First Amendment and did not infringe trademarks owned by Empire Distribution... The panel instead determined …
By Steve Brachmann
1 day ago 1

Selecting the Right Trademark for Your Business

From a legal standpoint, a trademark that has no relation to the product or services offered will be the strongest type of mark. For example, trademarks such …
By Gene Quinn
5 days ago 1

Daimler trademark lawsuit alleges that Amazon.com doesn’t do enough to prevent infringement and counterfeits

At issue in the trademark infringement suit is Amazon’s sale of counterfeit wheel center caps bearing distinctive Mercedes-Benz trademarks... Daimler argues that Amazon “facilitates the sale …
By Steve Brachmann
8 days ago 1

Creators of This Is Spinal Tap sue Vivendi for $400M over breach of contract, declaratory judgment of copyright reversion claims

On Thursday, October 19th, the creators of the 1984 rock band mockumentary This Is Spinal Tap filed a second amended complaint against French mass media company Vivendi SA (…
By Steve Brachmann
25 days ago 0

Characters for Hire cite to Naked Cowboy in fighting Disney’s claims of copyright, trademark infringement

Characters for Hire also argued that the trademark infringement claims lacked the essential element of confusion. Citing to Naked Cowboy v. CBS, a case decided in Southern …
By Steve Brachmann
26 days ago 5

3M files patent and trademark suit against Chinese manufacturer of spray gun paint preparation system

On September 21st, Saint Paul, MN-based technology and materials company 3M (NYSE:MMM) filed a lawsuit alleging patent and trademark infringement committed by Shanghai, China-based Thunder Finish. …
By Steve Brachmann
1 month ago 0

Lex Machina Q3 litigation update shows effects of TC Heartland, Oil States on patent case filings

Although patent litigation levels through the first nine months of 2017 have largely remained consistent with patterns from recent years, it does appear that the number of patent …
By Steve Brachmann
1 month ago 1

Law & Odor: Hasbro Sniffing Out the Opportunities for Trademark Registration

The Trademark Manual of Examining Procedure (TMEP) provides some guidance on what an aroma needs to demonstrate before being registered, asserting that “the amount of evidence required …
By Franco Galbo
1 month ago 1

The Trademark Management Process: Getting it Right in Challenging Times

The trademark landscape is evolving rapidly, with both brand owners and trademark professionals trying to keep up. The changes are mostly driven by the steep rise in …
By Eva-Maria Strobel
1 month ago 1

Protecting Branded Apparel IP Assets: Pursuing Counterfeiters and Their Profits

Branded apparel companies face many challenges in protecting their IP assets, including the unavailability of copyright protection for fashion designs, the length of time necessary to secure …

A TWIST in the tale: Not your typical cola war

This case was not your typical “cola war”, but rather involved TWIST, the well-known carbonated beverage brand which has been available in South Africa since the 1970s (…
By Kelly Thompson
1 month ago 0

Trademark Food Fight: Did In-N-Out Burger Abandon the Triple Triple?

Smashburger asserts that In-N-Out stopped using the Triple Triple mark and thus, abandoned its rights, when the triple meat, triple cheese hamburger was rebranded as the 3X3 …
By Jennifer Ko Craft
2 months ago 0

As EU, Ukraine Agreement comes into force uncertainty remains

As of September 1, 2017, the Association Agreement between the European Union and Ukraine came fully into force. For three years Ukrainian legislative and executive authorities were obligated to …
By Mariya Ortynska
2 months ago 1

Apple failed to block Swatch’s attempt to acquire the trademark for Steve Jobs’ catchphrase ‘one more thing’

The Swiss watchmaker Swatch's effort to acquire the trademark for "SWATCH ONE MORE THING" has run in to opposition from Apple, which argues the phrase ‘one more …
By Masaki Mikami
2 months ago 0

2nd Circuit upholds most of district court judgment in trademark case brought by Swiss army knife maker Victorinox

On Tuesday, September 19th, Victorinox AG, the manufacturer of the well-known Swiss army knife, saw a successful outcome of an appeal decided by the U.S. Court …
By Steve Brachmann
2 months ago 0