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Tag Archives: settlement

Kerrygold Update: A Buttery Settlement

Posted in Branding, Infringement, Law Suits, Mixed Bag of Nuts, Product Packaging, Trademarks, USPTO

A few months ago I posted about a trademark infringement lawsuit filed by Ornua, seller of Kerrygold® Pure Irish Butter, against Defendants Old World Creamery and Eurogold USA, who briefly sold Irish butter under the mark Irishgold. The court granted Ornua’s motion for a temporary restraining order (TRO), concluding that Ornua had a reasonable likelihood of success on its trademark infringement… Continue Reading

How to Scare the Pants Off Your Attorney: Get better service, another attorney or be pleasantly surprised

Posted in Guest Bloggers, Mixed Bag of Nuts

–  James E. Lukaszewski, ABC, Fellow IABC, APR, Fellow PRSA, PRSA BEPS Emeritus If you are an attorney, work with or have attorneys in litigation, here’s an interesting, relevant, recent story you can relate to. This is also a story about leadership. A couple months ago, I was asked by a local religious organization to… Continue Reading

Minnesota’s Legislative Answer to “Trademark Bullying”?

Posted in Infringement, Law Suits, Trademark Bullying, Trademarks

Minnesota State Representative Joyce Peppin, is convinced that “trademark bullying” is a problem and that it requires a brand new law in Minnesota to properly deal with it. Representative Peppin apparently is a law student at William Mitchell College of Law, and she has teamed up with other students and William Mitchell law faculty to write and… Continue Reading

Willa-n-Wella, Living-n-Harmony Now

Posted in Branding, Famous Marks, Infringement, Law Suits, Trademark Bullying, Trademarks, TTAB

The New York Times has been following a trademark battle between Christy Prunier’s body and beauty care start-up business apparently geared toward preteen and teenage girls (Willagirl LLC) and industry giant Procter & Gamble, owner of the well-known, if not famous, more than century old WELLA hair care brand, with U.S. trademark rights dating back at least to the early… Continue Reading

Ringy Dingy: A Handy PR Tool for Trademark Lawyers

Posted in Mixed Bag of Nuts

Years ago I recall hearing a veteran trademark lawyer warn intellectual property continuing legal education attendees, "When your toolbox only has a hammer in it, everything in your world starts to look like a nail." Fair enough. It’s time for all of us to revisit the contents of our professional toolbox. Last week, following the firestorm of criticism surrounding Best Buy’s cease and desist… Continue Reading

Gatorade-Powerade False Advertising Case Resolved, For Now

Posted in Advertising, Agreements, AlphaWatch, Branding, Dilution, Famous Marks, Food, Law Suits, Marketing, Truncation

       You may recall the Gatorade v. Powerade false advertising lawsuit filed by a Pepsico entity (Stokely-Van Camp, Inc.) against rival The Coca-Cola Company back in April, discussed here (with a copy of the complaint). You also may recall how G scored an F in the courtroom, back in August, losing a hotly contested motion for… Continue Reading

Lion’s Tap Reaches “Mutually Beneficial” Settlement with McDonalds

Posted in Advertising, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Marketing, Trademarks

A 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

Whatever Happened to the Adversarial System?

Posted in Almost Advice, Branding, Guest Bloggers, Infringement, Law Suits, Marketing

My job sometimes is rescuing attorneys, often from themselves. Perhaps the quintessential illustration is a comment made by a corporate general counsel recently, whose organization was responsible for a number of victims, including fatalities. Her opening line to me was, “We’re not the empathy department in this company.” However, the reason she was talking to me was that… Continue Reading