Posts Tagged: dilution
Ninth Circuit Reverses Functionality and Fame Findings in Office Chair Trademark Case
On June 25, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Blumenthal Distributing v. Herman Miller, Inc. in which the appellate court …
Romag Fasteners: IPO Departs From Other Amici in Urging SCOTUS to Require Willfulness to Award Trademark Profits
The Intellectual Property Owners Association and four other associations have filed amicus briefs with the Supreme Court in the case of Romag Fasteners v. Fossil, Inc., Fossil …
Judge Denies Beyoncé Motion for Summary Judgment in Feyoncé Trademark Case
On Sunday, September 30th, U.S. District Judge Alison J. Nathan of the Southern District of New York signed a memorandum opinion and order that was officially …
Florida Restaurateurs Face Off in Trademark Suit Over Frenchy’s Name
On February 20th, Clearwater Beach, FL-based restaurateur Frenchy’s Corporate filed a suit alleging trademark infringement against the owners and operators of Frenchy’s Pizzeria & Tavern, …
Colgate-Palmolive Files Trademark Suit Over Use of ‘360’ Branding on Toothbrushes, Oral Care Products
Colgate-Palmolive (NYSE:CL) filed a lawsuit alleging trademark infringement in the Southern District of New York against Grand Rapids, MI-based oral healthcare company Ranir LLC. At issue …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
