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Category Archives: Infringement

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Nominative Fair Use, as Illustrated by Colorful Balls

Posted in Advertising, Branding, Fair Use, False Advertising, Infringement, Marketing, Non-Traditional Trademarks, Sight, Television, Trademarks

If you watch any amount of T.V. or happened to catch either of the AFC or NFC Championship games last weekend, you’ve probably seen one of the recent cell phone carrier ball commercials. Initially, Verizon created this commercial, wherein a series of colorful balls rolling down a ramp are used to describe Verizon’s apparently superior… Continue Reading

Does Louis Vuitton’s Loss to a Parody Defense Justify an Award of Attorney Fees?

Posted in Dilution, Fair Use, Famous Marks, Fashion, First Amendment, Infringement, Law Suits, Trademark Bullying, Trademarks

Earlier this month the Southern District of New York granted the defendant’s Motion for Summary in Louis Vuitton Malletier, S.A. v. My Other Bag , Inc. The fashion giant had brought suit against a California company over its sales of a canvas tote bag that included an image that “evoked” Louis Vuitton’s classic handbag design…. Continue Reading

Fear and Loathing on the Creative Trail

Posted in Branding, Copyrights, Infringement, Marketing, Mixed Bag of Nuts, Trademarks

– James Mahoney, Razor’s Edge Communications Somebody might steal my ideas. I’ve heard this consistently over the years, including in a few conversations this past month. One was with a woman who wants to market her art as greeting cards, but is certain that the “big” card companies would copy her ideas and elbow her… Continue Reading

Louis Vuitton’s Other Lawsuit Was a Winner, but Loses to a Parody Defense – Again.

Posted in Dilution, Fair Use, Famous Marks, First Amendment, Infringement

Louis Vuitton is no stranger to trademark disputes. As a a manufacturer of handbags, wallets, and other luxury goods, the company has its hands full just addressing counterfeit products. However, like any other company, there is concern not just with “fakes,” but other products and services that may otherwise infringe or dilute Louis Vuitton’s trademark… Continue Reading

Trademark Bully or Not?

Posted in Infringement, Law Suits, Mixed Bag of Nuts, Trademark Bullying, Trademarks

Chrysler and Moab Industries LLC (“Moab”) have been battling over the Moab mark for years. Moab holds the federally registered trademark Moab Industries®. Its business involves customization or uplifting vehicles—primarily JEEP® Wrangler® vehicles manufactured by Chrysler. In 2012, Chrysler sought to register a “Moab” trademark, but the application was denied based on a likelihood of… Continue Reading

Printing Infringement: Are 3-D Printers the Next Napster?

Posted in Copyrights, Counterfeits, Fair Use, Infringement, Patents, Product Configurations, Technology, Trademarks

Happy 2016! I hope everyone had a fun and festive New Year celebration. As for me, I’ll be spending my three-day weekend tinkering with this: Thanks to my thoughtful husband and the rapidly increasing availability and affordability of these products, I am the proud new owner of a 3-D printer.  It’s basically been running nonstop… Continue Reading

Patent System is not the Fire that Hoverboards Need to Put Out

Posted in Articles, Branding, Idea Protection, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Trademarks

One of the hottest toys during the 2015 holiday season was the hoverboard, and doesn’t that seem about right for this year.   I saw my first hoverboard earlier this summer — a guy was walking and holding hands with his girlfriend, as she glided alongside him on the hoverboard.  If I were to make a… Continue Reading

Another Cliche Color Trademark Calamity?

Posted in Advertising, Articles, Branding, Fashion, Goodwill, Infringement, International, Law Suits, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Technology, Trademark Bullying, Trademarks, USPTO

Techdirt is crying foul (again) and this time, wrapping the “trademark bully” mantle around the magenta-colored neck of the T-Mobile brand for enforcing its color trademark against OXY. While I certainly don’t have the details of the dispute (and it appears Techdirt doesn’t either), and OXY hasn’t produced the actual demand correspondence, given the distinctiveness… Continue Reading

Samsung Seeks an Edge in Smart Phone Wars through Federal Registration

Posted in Infringement, Non-Traditional Trademarks, Product Configurations, Technology, Trademarks, USPTO

For years, Samsung and Apple have battled over intellectual property rights associated with each party’s smart phones. Apple sued Samsung in 2011 and the jury found that Samsung had infringed Apple’s trade dress, design patents, and utility patents. On May 15, 2015, the Federal Circuit upheld the findings regarding infringement of design and utility patents,… Continue Reading

The “Welcome to the D” Defense

Posted in Guest Bloggers, Infringement, Mixed Bag of Nuts, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC Musicians love their trademarks. Whether its Taylor Swift, applying to register everything imaginable in connection with her album “1989,” or Lionel Richie, wondering about Adele’s use of the word “Hello,” musicians seem delighted by the prospects of owning the English language. Mark Kassa is one such grocer musician…. Continue Reading

PATRÓN Tequila Bottle Design Enforcement?

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Infringement, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, TTAB, USPTO

When we write about non-traditional trademark enforcement here on DuetsBlog, we almost always are referring to the protection of non-traditional marks like product configurations, product containers, product packaging, color marks, scent marks, tactile marks, and other non-verbal indications of source for a product or service. But, today we’re adding a little twist to our normal… Continue Reading

Imitating MILANO Cookies? Pepperidge Farm Remembers.

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, Food, Infringement, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Taste, Trademarks, USPTO

When a company puts “DISTINCTIVE” on its own packaging, its usually a sign that it highly values its trade dress and product configuration rights. That’s certainly the case for Pepperidge Farm and its Milano cookies. The commercial bakery giant has taken aim at Trader Joe’s, the popular grocery chain, for selling house-branded “Crispy Cookies” that… Continue Reading

Barefoot Bucha is a better example of poor branding than trademark bullying

Posted in Advertising, Branding, Guest Bloggers, Infringement, Marketing, Mixed Bag of Nuts, Trademarks

Jason Voiovich, VP, Marketing, Analytics & Research Services, Logic PD distinctive |disˈtiNGktiv| adjective characteristic of one person or thing, and so serving to distinguish it from others: juniper berries give gin its distinctive flavor. – New Oxford American Dictionary I hadn’t heard of kombucha, much less Certified Organic craft kombucha. (Somewhere, a hipster is crying… Continue Reading

YouTube Commits to Protecting Fair Use, a Few Cases at a Time

Posted in Copyrights, Fair Use, Infringement, Law Suits, Mixed Bag of Nuts

YouTube announced that it will “offer legal support” to a small set of videos that it thinks are “some of the best examples of fair use on YouTube” and “represent clear fair uses which have been subject to DMCA [Digital Millenium Copyright Act] takedowns.” Many people complain of abuse of the DMCA process and intimidation from… Continue Reading

3D Scanning Jesus in Brazil

Posted in Advertising, Copyrights, Guest Bloggers, Infringement, Mixed Bag of Nuts, Technology, Trademarks

– Derek Mathers, Business Development Manager, Worrell Last week, in the 3D printing class I teach at the University of Minnesota, we discussed the legal and ethical issues surrounding the replication of physical goods and intellectual property. Typically, this conversation involves issues like the increasing availability of 3D printable gun files, replicating secret objects from… Continue Reading

Fuel for the Flames

Posted in Infringement, Law Suits, Social Networking

A company called WildFireWeb is suing Tinder, Inc. in the Central District of California for allegedly infringing on its TINDER mark. For those who don’t know what Tinder, Inc.’s TINDER is, it’s a dating application that offers a rather limited profile, a few photos, and few filters, like proximity. If both matched parties indicate they… Continue Reading

Technology and Trademark Tantrums

Posted in Advertising, Fair Use, Famous Marks, Food, Guest Bloggers, Infringement, Law Suits, Mixed Bag of Nuts, Technology, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC Things that can potentially upset people can also really benefit a lot of people. —Aktarer Zaman, Founder of Skiplagged Last week, Tim wrote a great post about a recent lawsuit filed by In-N-Out Burger against DoorDash, a food delivery startup. DoorDash is an on-demand delivery service that allows… Continue Reading

Is Ronald McDonald Lovin’ This Fryday?

Posted in Articles, Branding, Food, Infringement, Marketing, Non-Traditional Trademarks, Trademarks

When I recently snapped the above image of a t-shirt on display at a large retailer in the Twin Cities, it made me want to ask the same question many survey experts will ask of respondents to determine whether a likelihood of confusion exists in the marketplace: Who put this out? What percentage of respondents… Continue Reading

It’s Not Delivery, It’s Infringement.

Posted in Fair Use, Famous Marks, First Amendment, Goodwill, Infringement, Social Media, Trademarks

We’re not talking pizza, we’re talking burgers. Not just any burgers, either, we’re talking In-N-Out burgers. As any California transplant will tell you, no other burger from any other restaurant comes close. In-N-Out has more than just burgers; it also has French fries, shakes, and drinks. They also have a drive-thru if you don’t want… Continue Reading

Peeple who need people

Posted in Branding, Guest Bloggers, Idea Protection, Infringement, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks

– Laurel Sutton, Senior Strategist & Linguist at Catchword Brand Name Development In late September of 2015, tech media worked itself into a frenzy about the launch of an app called Peeple, which was supposed to give everyone the opportunity to rate and review every person you know. “People do so much research when they… Continue Reading

Orwellian Enforcement of Orwellian Copyright?

Posted in Advertising, Copyrights, False Advertising, Infringement, Marketing, Squirrelly Thoughts, Technology

George Orwell’s famous novel 1984 would describe this situation as “doubleplusungood.” Josh Hadley, an internet radio host and a self-described “harsh film critic with no sense of subtlety or tact,” recently met the ire of Orwell’s estate when he used CafePress to create a t-shirt design with the text “1984 Is Already Here” emblazoned over tattered movie posters…. Continue Reading

The Clinton Trademark Clause?

Posted in Famous Marks, Infringement, Squirrelly Thoughts, Trademarks

At this early stage in the 2016 election cycle, it’s difficult to predict much of anything, but if Hillary Clinton wins the Democratic nomination and, ultimately, the presidency, I can say for certain it will have an unprecedented effect on a lesser-known quirk of trademark law. Many practitioners and laypersons are familiar with the provisions… Continue Reading