Posts Tagged: dilution


Vegas Golden Knights trademark challenged by U.S. Army at TTAB

The notice of opposition filed by the Army to challenge the “VEGAS GOLDEN KNIGHTS” mark cites multiple grounds for opposition including priority and likelihood of confusion, dilution …
By Steve Brachmann & Gene Quinn
1 month ago 0

YETI Lawsuit Asserts Breach of Settlement Agreement Claims Against Wal-Mart

The suit, filed in the Western District of Texas, alleges that the mega retailer has been infringing on its IP related to trade dress covering aspects of …
By Steve Brachmann
2 months ago 0

Disney Slams Characters for Hire for Tarnishing the Disney Image

One of the interesting theories posed by the case is Character for Hire’s claimed right to use Disney characters, which derive from Norse mythology or centuries-old …
By Amanda G. Ciccatelli
3 months ago 1

Mattel fais in Japanese trademark opposition to block ‘Salon BARBIES’

In a recent trademark opposition, the Opposition Board of the Japan Patent Office (JPO) dismissed an opposition by Mattel, Inc. – maker of the world-famous Barbie doll – who …
By Masaki Mikami
3 months ago 0

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
3 months ago 1

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
4 months ago 5

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
5 months ago 0

In-N-Out files trademark suit against Smashburger over cheeseburger ad campaign

On Monday, August 30th, national fast food chain In-N-Out Burger filed a lawsuit alleging federal trademark infringement and other claims against fellow fast food chain Smashburger. The …
By Steve Brachmann
6 months ago 0

Atari files suit against Nestlé for Kit Kat ad campaign that infringed on Breakout video game

Atari Interactive Inc. filed a lawsuit alleging trademark and copyright infringement claims against Swiss food and drink company Nestlé SA (VTX:NESN). The suit targets a worldwide …
By Steve Brachmann
6 months ago 0

Almost Famous: Many Trademark Owners Find Dilution Claims Out of Reach

In a dilution claim, a trademark owner asserts that their famous mark is entitled to protection from use that causes harm to the mark’s reputation or …
By Eric Ball & Carly Bittman
1 year ago 0

Land O’ Lakes – No Harm, No Foul

Addressing the issue of whether a famous mark can be diluted by the identical mark of a much smaller company, the US Court of Appeals for the …
By Margaret Duncan
2 years ago 0

We Are Just Too Pretty to get Sued for Infringement

Firefly was a briefly lived television show that aired on Fox in 2002. It only lasted for a few months before Fox yanked the plug (a most egregious …
By Beth Hutchens
5 years ago 20

U.S. v. Alvarez: Trademark Dilution and the First Amendment

Earlier this week, the United States Supreme Court handed down its opinion on the Stolen Valor Act (18 U.S.C. §§704). This poor little First Amendment case has …
By Beth Hutchens
6 years ago 1

Trademark Tarnishment: Trademark Law’s Dirty Little Secret

Dilution by blurring slowly whittles away at a trademark's distinctiveness whereas dilution by tarnishment is an attack on the reputation and positive image of a mark. Here’…
By Beth Hutchens
7 years ago 1

IHOP v. IHOP: House of Pancakes Sues House of Prayer

On September 3, 2010, IHOP IP, LLC, a Delaware limited liability company, the owner of various IHOP registered trademarks in the United States, sued the International House of Prayer …
By Gene Quinn
7 years ago 7