English Company THOIP asserted its rights to a family of unregistered trademarks in a children’s book series involving cartoon characters called “Mr. Men” and “Little Miss” by suing the king of the cartoon characters—Walt Disney Company (and related companies). The products at the center of the dispute are t-shirts. You may have seen Britney Spears… Continue Reading
Tag Archives: Forward Confusion
Lion’s Tap Reaches “Mutually Beneficial” Settlement with McDonalds
Posted in Advertising, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Marketing, TrademarksA couple of hours ago Kare 11 News in Minneapolis reported "Lions Tap wins settlement with McDonalds." Absolutely no details about the settlement were provided, so it’s hard to understand how Kare 11 is able to pronounce this as a "win" for Lion’s Tap over McDonalds, although it certainly plays into the seductive David and Goliath theme of… Continue Reading
Update: Who’s Your Patty? Lawsuit and Reverse Confusion
Posted in Advertising, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Marketing, TrademarksThe Minneapolis Star Tribune finally reported on the Who’s Your Patty? trademark infringement lawsuit filed in August by self-proclaimed "David" (Lion’s Tap) against "Goliath" (McDonald’s), here. Our previous coverage is here, here, and here. The Star Tribune reports that McDonald’s has not yet answered the complaint filed by Lion’s Tap. That’s true, but all that means is… Continue Reading
Who’s Your Patty? or Where’s Who’s Your Patty?
Posted in Advertising, Branding, Dilution, Domain Names, Food, Infringement, Law Suits, Marketing, TrademarksAs promised, here are some additional thoughts (beyond the very frank and practical non-legal advice already shared by Jason Voiovich) about Lion’s Tap’s trademark infringement case against McDonald’s over the "Who’s Your Patty?" slogan. Here’s the multi-million dollar question: What did McDonald’s know and when did they know it? Those are questions likely to get a lot of… Continue Reading
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Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Dan Kelly
You can call me a “non-traditional” attorney, which is a polite way of saying that I did not attend law school straight out of college. I spent five of my first six years after college as a junior high school teacher. The other year I worked as an engineer for a large corporation. More...
Sharon Armstrong
Voted most likely to become an actress while in pre-school, I don’t think I surprised anyone by becoming a lawyer, the steadiest professional gig open to those with a flair for the dramatic. More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Catlan McCurdy
Having long been told by my parents that I could do or be anything I wanted, I chose at the age of 10 to become an attorney, as it was the career that would most likely lead me to my goal of becoming the first woman POTUS.More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Susan Perera
Born into the world with an aptitude for science and an affinity for art I found my career path quickly chosen for me. More...
Derek Allen
In hindsight, writing about creativity and the law may have always been in the cards for me. I began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running “case,” I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. More...
Laura Gutierrez
An attorney I am not. Though told to become one, I don't possess those qualities needed to be an effective one (I lack confrontation skills, and although I can write a great argumentative essay, I can’t argue outside a sheet of paper). More...