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Tag Archives: Trademark Dilution

Do You Even Trademark, Bro?

Posted in Dilution, Famous Marks, Infringement, Law Suits, Mixed Bag of Nuts, Trademarks

Two Bros are competing over their Bro meal delivery services. Jamie Giovinazzo is the owner of Eat Clean Bro, LLC, a meal delivery service providing “a convenient service that is designed to bring chef-prepared meals right to your front door.”  “Whether you are looking to lose weight, live a clean and healthy life, or build… Continue Reading

A Legal Obligation to Enforce Trademark Rights?

Posted in Dilution, Fair Use, Famous Marks, Genericide, Infringement, Law Suits, Loss of Rights, Trademark Bullying, Trademarks

When trademark owners are accused of bullying and shamed in public, a common and knee-jerk defensive response to justify the cease and desist letter or enforcement action is: “We have a legal duty and obligation to police and enforce our trademark rights.” And, some might even go on to say: “If we don’t enforce our mark against this use,… Continue Reading

Some Trademarks Die Hard, Some Are Just Numb

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

Likelihood of confusion? Likelihood of dilution? Blurring? Tarnishment? All to the left?   To closely examine Sears’ most recent trademark infringement and dilution law suit and complaint concerning the DIEHARD brand against the maker of DieHard Spray ("a numbing agent for male genitalia"), check out Sears, Roebuck & Co. v. Rockhard Laboratories, Inc., venued in the Northern District… Continue Reading

Tilting At Windmills and Counterfeit Trademark Designs?

Posted in Branding, Dilution, Famous Marks, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks

My first oral argument, as a very young lawyer, involved a small discovery dispute in a trademark case, in which there were complaints about inadequate and deficient discovery responses. During the hearing, the U.S. Magistrate Judge who decided the motion said something to the effect that my client’s positions reminded him of tilting at windmills. Needless to… Continue Reading

Trademark Dilution: What About All “The Other Red Meat(s)”?

Posted in Dilution, Famous Marks, Food, Marketing, Search Engines, Trademarks, TTAB

  Last month the Trademark Trial and Appeal Board (TTAB) refused registration of the slogan THE OTHER RED MEAT for "fresh and frozen salmon," not based on likelihood of confusion, but because it is likely to dilute the distinctive quality of the famous THE OTHER WHITE MEAT slogan of the National Pork Board and National Pork Producers Council. Stay tuned for… Continue Reading