S“Tit”ch for Tat Trademark War Pits Levi vs. A&F

The two iconic brands faced off recently in the Court of Appeals Federal Circuit over stitching. The appeal resulted from the Trademark Trial and Appeals Board “TTAB’s” decision to throw out Levi’s Opposition and Cancellation Proceedings against Abercrombie & Fitch “A&F” based upon “been there, done that” litigation at the District Court for the Northern … More S“Tit”ch for Tat Trademark War Pits Levi vs. A&F

Defendant Prevails In Trademark Lawsuit Over Keyword Advertising

Google sells keywords to advertisers that involve the trademarks of competitors often bringing rise to claims for trademark infringement. The latest case attesting to the futility of bringing suits on this basis is General Steel v. Chumley where the Federal District Court in Colorado sided with the Defendant on the trademark claims based on keyword … More Defendant Prevails In Trademark Lawsuit Over Keyword Advertising

Frito Lay Scooped On Infringement Claims

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

Negative Goodwill: The Law Of Unintended Consequences

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

Who Owns Your Social Media Account?

Yes, it has come to this. Social media account disputes. Employers, employees and independent contractors rely on these accounts to establish network connections and to promote business opportunities. Guidelines, terms and conditions at sign-up aside, the turf war pits these formerly non-competing parties at the end of employment or upon termination of their business relationship. … More Who Owns Your Social Media Account?