Posts Tagged: trademarks
Trademarked Stork Upheld in Canadian Copyright Case
A recent trademark infringement case between Stork Market Inc v. 1736735 Ontario Inc. (Hello Pink Lawn Cards Inc), 2017 FC 779 has resulted in a win for the plaintiff and …
The Trump Administration is Investigating the “Theft of IP” by China: What You Need to Know About Trademarks in China
Several weeks ago, the Trump administration formally launched a “Section 301” investigation into the “theft of intellectual property” by China. According to US Trade Representative Robert Lighthizer, the …
Trademark a Band Name: What’s in a Rock Band’s Name?
While it is possible to copyright the design of a band logo, the band name itself is not copyrightable (see here and here). Band names are protectable …
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 …
Making a Federal Case out of Trade Secrets
“The most important change was that DTSA allowed someone claiming their trade secret was being used improperly to go into a federal court,” explained Jacoby. “In most …
New Balance wins largest verdict ever for foreign plaintiff in Chinese trademark suit
This latest victory for a foreign plaintiff asserting intellectual property claims is proof of yet another step down the road leading to a reformed, intellectual property friendly …
Who is the Boss: Legal protection of domain names in Ukraine
According to Ukrainian regulations, there may be several owners for one mark. But what if one of such owners decides to execute the exclusive right without 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 …
Lex Machina commercial litigation report shows that one-fifth of commercial cases include IP claims
The total number of intellectual property claims included in all commercial cases is higher than the figure of 11,643 commercial cases including at least one IP claim. “It …
Court affirms TTAB refusal to register ‘FIRST TUESDAY’ trademark for NC Lottery
In re N.C. Lottery, Appellant North Carolina Lottery (“N.C. Lottery”) sought to register the mark “FIRST TUESDAY” in connection with lottery services and games to …
Music Artist will.i.am Cannot Trademark “I Am”
In re i.am.symbolic, llc, William Adams, better known by his stage name “will.i.am”, was refused registration of a Trademark for “I AM” on …
Octane Standard for Attorney’s Fees Applies to Lanham Act and Patent Act Cases
In mag Fasteners, Inc. v. Fossil, Inc., Romag sued Fossil for patent and trademark infringement and a violation of the Connecticut Unfair Trade Practices Act (“CUTPA”) after …
USPTO Navigates New Territory In The Wake of Matal v. Tam
The USPTO issued Examination Guide 01-17 on Monday, June 26, 2017, entitled “Examination Guidance for Section 2(a)’s Disparagement Provision after Matal v. Tam and Examination for Compliance with …
The Intersection of Fashion, Virtual Reality and the Law
Virtual reality and augmented reality are catching on, and the fashion industry has taken notice. Many of today’s fashion brands are seeing their work being used …
Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand
Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great avenues for advertising and promotion of one’s business and brand. However, in using …
