The news cycle’s abuzz about the Dov Seidman trademark infringement claim against Chobani over use of the word how. The USPTO defines trademark as any word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. The … More The “How” of Trademark Law
Oftentimes my clients express confusion as to what exactly a trademark does or does not do for them in business. As defined by statute, a trademark includes any word, name, symbol, or device, or any combination thereof (1) used by a person, or (2) which a person has a bona fide intention to use in commerce….to identify and … More Five Reasons Trademark Law Can Be Confusing
An interesting 1st Circuit opinion extended a hotel’s common law trademark into territory encroaching upon an incontestable junior registered mark of a competing hotel. In the case of Dorpan, S.L. v. Hotel Melià, Inc., Dorpan, a European hotel chain using the brand, Sol Melia, as a registered trademark faced off with the Hotel Melia “HMI” located … More Extending Use Under Trademark Law
For those of you who enjoy a fun case, the saga of Starbucks v. Wolfe’s Borough Coffee “WBC” is for you. During the course of this epic ten year battle pitting the famous international coffee purveyor against the small New England roaster, the law of trademark dilution has been analyzed, argued and then revised by … More Starbucks Charred Again
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
Clients of my practice usually either have a website or are planning to get one. From an intellectual property “IP” standpoint, the developer agreement is critical to ensure the right content and code necessary for your business to attract clients and customers. There are many terms to consider including project scope, testing, hosting, ownership, payment … More Essential Points of Web Developer Agreements
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
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
William Tennant 