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Tag Archives: Techdirt

Wawa Not Gaga Over Dawa?

Posted in Almost Advice, Branding, Contracts, Dilution, Fair Use, Famous Marks, Food, Genericide, Idea Protection, Infringement, Law Suits, Look-For Ads, Marketing, Technology, Television, Trademark Bullying, Trademarks

Earlier this month, Wawa, an East Coast convenience store chain, demonstrated it is not gaga over a single location food mart (copy of complaint linked here), called Dawa: As Dawa has vowed to defend its name, will this case come down to a battle over the meanings of the marks? Do consumers really know and… Continue Reading

The World’s Healthiest Trademark Puffery

Posted in Advertising, Articles, Branding, False Advertising, Food, Marketing, Trademarks, USPTO

Above the Law recently published a Techdirt story reporting that the USPTO denied Whole Foods‘ attempt to federally-register the laudatory trademark: “World’s Healthiest Grocery Store“. The Techdirt story incorrectly seems to suggest that the global nature of the phrase is what caused the application to be refused, since Whole Foods has not yet achieved 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

Do You Love Paris Too, New York?

Posted in Advertising, Articles, Branding, Fashion, Infringement, Loss of Rights, Marketing, Trademark Bullying, Trademarks

Shopping with my daughter this past weekend on the Avenue des Champs-Élysées in Paris, on the way to the Arc de triomphe, we spotted this shop selling  “I ♥ Paris” merchandise: What do you make of this one, Tim, does it look familiar? I’m thinking Mike Masnick of Techdirt, given his trademark bullying perspective on the… Continue Reading

Twilight Trademark Trial Now on Horizon

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Goodwill, Infringement, Law Suits, Marketing, Trademark Bullying, Trademarks, USPTO

Another father-daughter trip to Bath & Body Works (BBW) this past weekend revealed that his and her Twilight Woods personal body care products are still available for sale: Still, because ten days ago, the federal district court in the Southern District of New York rejected BBW’s attempt to have the trademark infringement and dilution claims —… Continue Reading

How Fashionable is the Louis Vuitton “Trademark Bully” Label?

Posted in Articles, Branding, Copyrights, Counterfeits, Dilution, Fair Use, Famous Marks, First Amendment, Infringement, International, Marketing, Social Networking, Trademark Bullying, Trademarks

There has been quite a flap surrounding the poster and invitation used by the University of Pennsylvania Law School to promote Penn Intellectual Property Group’s Fashion Law Symposium, scheduled for a week from tomorrow. The symposium appears to be designed as a serious affair, boasting an all-star cast of general counsel from the fashion industry, including those from… Continue Reading

Chick-fil-A Goes Stealth in “Eat More Kale” Trademark Dispute?

Posted in Branding, Food, Infringement, Trademark Bullying, Trademarks

The question for the day is not, why did the chicken cross the road, but rather, why did the chicken file an ex parte Letter of Protest with the Office of the Deputy Commissioner for Trademark Examination Policy at the United States Patent and Trademark Office (USPTO), just a few months ago? To get to the other side of the… Continue Reading

Insuring a Great Super Bowl Trademark Fight

Posted in Advertising, Almost Advice, Articles, Branding, Fair Use, Infringement, Law Suits, Marketing, Trademark Bullying, Trademarks

So, tomorrow is the big day, the big game, or whatever else other intimidated advertisers might call it. I just want to find the best deal on a flat screen television today! But, more to Mike Masnick’s point on Techdirt about the NFL’s reputation as a “trademark bully,” and his challenge to advertisers — “It’s the Super Bowl…. Continue Reading

Best Buy Criticized for Geek Squad Trademark C&D Letter

Posted in Advertising, Branding, Infringement, Marketing, Sight, Television, Trademark Bullying, Trademarks

  Best Buy was the subject of some intense criticism at the end of last week when Chris Morran of The Consumerist Blog and Mike Masnick of the Techdirt Blog took Best Buy to task and Mike went so far as to label Best Buy a “trademark bully” for sending a cease and desist letter to Newegg for… Continue Reading

Webinar: Strategies For Dealing With “Trademark Bullies”

Posted in Trademark Bullying, Trademarks

Last week we announced a trademark seminar taking place in Minneapolis on March 2, 2011, and one of the hot topics to be discussed from 1:15 – 2:30 PM CST, is “Strategies For Dealing With “Trademark Bullies.” Given the special interest in the trademark bullying topic outside and well beyond the Twin Cities, Minnesota Continuing Legal Education has decided to… Continue Reading

Strategies for Dealing with “Trademark Bullies”

Posted in Infringement, Law Suits, Trademark Bullying, Trademarks, TTAB

On Wednesday March 2, 2011, in Minneapolis, Minnesota, at 1:15 PM CST, we’ll be discussing “Strategies for Dealing With “Trademark Bullies” — a pdf of the brochure is here. I’ll be moderating a 75 minute panel discussion with these distinguished speakers: Jacqueline A. Leimer, Chicago-Kent College of Law Mike Masnik, Techdirt Craig Krummen, Winthrop & Weinstine, P.A…. Continue Reading

Apple vs. Apple: Protecting Your Brand Abroad

Posted in Branding, Famous Marks, International, Trademarks

–Sharon Armstrong, Attorney The inquiring minds at TechDirt have unearthed a spat between Apple and Woolworths (the supermarket chain in New Zealand and Australia) due to the latter’s adoption of a curly-cue-letter-W-shaped mark, shown below:   Putting aside dilution issues, the central question would appear to be whether confusion is possible, let alone likely, given… Continue Reading

On Trademark Enforcement & Protection: Is Twitter on Target or Off the Mark?

Posted in Genericide, Infringement, Loss of Rights, Trademarks

Brand managers and marketers often wonder about the risks and consequences of not enforcing or protecting their trademarks from infringement. A shooting target formed by a series of concentric circles is the best graphic I have found to illustrate the legal answer to their frequent question. Judging from the robust criticism Twitter has received about its lax or laissez-faire approach to trademark… Continue Reading