Posts Tagged: trademarks


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
14 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
21 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

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 …

#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 …

Intellectual Property Court Established in Ukraine

After a decade of disputes and lobbying, Ukraine has finally joined the countries with special IP courts or patent courts, namely the United Kingdom, the United States, …
By Anastasiia Radomska
2 months ago 0

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

Lex Machina trademark litigation report shows heavy enforcement activity for luxury fashion and bong brands

When looking at damages awarded in trademark infringement cases filed since 2005 and terminating between 2009 and 2016, fashion brands have taken in the highest award totals. The top spot …
By Steve Brachmann
3 months ago 0

Lord of the Rings: The Olympic Committee’s Trademark Protection

Every year countless stories arise of individuals, churches, and small businesses, receiving cease and desist letters from the NFL or NCAA for unauthorized use and reference to …
By Chanel L. Lattimer
3 months ago 0

The Differences Between Design Patents and Trade Dress

Design patents cover visual, nonfunctional characteristics embodied in, or applied to, an article of manufacture. They may relate to the configuration or shape of an article, the …
By Julie Hopkins
3 months ago 1

Federal Circuit Affirms TTAB Refusal to Register ‘CHURRASCOS’

In a May 13, 2016 decision, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision upholding an Examiner’s denial of registration based on a finding …