Defendants Medallion Foods, Inc. and Ralcorp Holdings, Inc. scored a jury verdict against Plaintiff Frito Lay on a variety of infringement claims. The Frito Lay claims were for trademark infringement, trade dress infringement, unfair competition and dilution under the United States Trademark (Lanham) Act, 15 U.S.C. § 1051, et seq. (as amended); and for patent … More Frito Lay Scooped On Infringement Claims
Today, I’ll address a concept in business that I’ve labeled negative goodwill. An important concept in trademark law and business, goodwill is that intangible benefit a business derives from its reputation for providing quality products and services that consistently deliver the value promised. An added feature of the branded product or service is the goodwill … More Negative Goodwill: The Law Of Unintended Consequences
The Equal Employment Opportunity Commission “EEOC” sought an injunction against a grocery store where the offending manager had engaged in conduct of an egregious nature harassing female employees. The conduct involved both verbal and physical harassment including inappropriate hugs and touching. The manager also maintained a romantic relationship with the store’s owner. The nature of the injunction … More Denial of Injunction in Sexual Harassment Case An Abuse of Discretion
Trademarks have varying strengths depending upon their distinctiveness. While Apple as the name of a computer company has a high degree of distinctiveness, Fred’s Fish Fry as the name of a seafood restaurant? Not so much. The Apple name is arbitrary when it comes to computer products while Fred’s Fish Fry is a descriptive name. … More Philadelphia’s Cheesesteak as a trademark?