This is the question being presented in a lawsuit pending in the Southern District of New York against the iconic band U2 and a majority of its band mates. Paul David Hewson (more well known as lead singer Bono), David Howell Evans (more well known as guitarist extraordinaire the Edge), drummer Laurence Joseph Mullen Jr.,

Tiffany Blofield
View my professional biography
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 (though I have traveled across many borders, including the pond, and various state lines).
My calling to the courtroom, led me to earn my law degree from the University of Minnesota, after receiving my undergraduate degree in Economics and Psychology from St. Olaf College. After law school, I quickly realized that I’m more at ease in the courtroom than in my own living room, so I became a litigator. Over the years, I have developed my own style of litigating (I’m trying to trademark it) and aggressively represent my clients whether I am protecting valuable intellectual property or tackling the interests of professional athletes. Although I am not as wacky or as flaky as Ally McBeal, litigation still holds its “entertainment value” after fifteen years in the profession. This year’s Valentine’s Day festivities are evidence (pun intended) of my passion — instead of celebrating the typical Valentine’s Day with dinner and roses, our litigation team celebrated the seventh anniversary of the then largest jury verdict in Minnesota. The verdict came after a nine year battle and, as a result, V-Day has now become known as “Verdict Day.” I’m hoping to rename more holidays soon.
Battle of the Bands and the Clothiers
The famous Coachella Music Festival is held every April in Indio, California. This year Beyoncé, Radiohead, Lorde and several DJs (including DJ Snyder, DJ Kahleel, DJ Shadow) performed.
The Coachella Music Festival, LLC and Goldenvoice, LLC (collectively “Coachella Parties”) sued Urban Outfitters, Inc. (“Urban Outfitters”) and its subsidiary Free People of PA LLC (“Free People”)…
What Do You Think Of Having ® On Your Store Sign
I traveled to Barcelona last week to attend the International Trademark Association (“INTA”) Annual meeting.
I arrived at the Barcelona Airport the requisite three hours before your international flight. During my long stay at the Barcelona airport I saw three store signs with ® on them. They included the following signs:
Although many stores have…
What Famous Quarterback Named Elisha Allegedly Provided Fake Helmets To Sports Dealers?
Elisha is the two time Super Bowl MVP New York Giants quarterback Eli Manning.
Collecting equipment used, or uniforms worn, during an NFL game is big business. Young and old alike want these items to feel close to their favorite team or player.
In a 99 page Amended Complaint, plaintiffs (including, sports memorabilia collectors/marketers and…
Parrotheads Can Rejoice As Jimmy Buffett Prevails In Trademark Dispute
Jimmy Buffett won a trademark dispute and precluded the applications for “Marijuanaville” marks from registering due to a likelihood of confusion with his famous MARGARITAVILLE® mark for clothing (including shirts and caps), nightclub services, and other goods and services. The Parrotheads, Jimmy Buffett fans, can rejoice in the win.
The dispute involved pro se applicant…
The Supreme Court Tackles Disparaging Trademarks
From my title, you may think I am referring to the battle over the REDSKINS trademark. However, the In re Tam case beat the REDSKINS team to the high court. The case involving the REDSKINS mark is currently on hold until the United States Supreme Court decides the In re Tam case. These cases have…
It Is Not All In The Family
Although a precedential decision allowing a “Family of Marks” to be considered in the context of an ex parte prosecution of an application that has been refused under Section 2(e)(1) to show acquired distinctiveness, this ruling could not help Little Caesars overcome the refusal of its application for the mark “DEEP!DEEP! DISH PIZZA.”
Because “Deep…
Donald Trump is on to Something
Some credit Donald Trump’s win to his savvy social media presence, including tweeting. He reached millions of voters and caught the nation’s attention with his tweets. The courts are now recognizing this phenomenon.
In a recent trademark dispute between a DJ and a rapper over the trademark “LOGIC,” the Sixth Circuit recently criticized a district…
It Is Not “Easy Like Sunday Morning” To Use Commodore As A Trademark
The band’s song “Easy” does not reflect Commodores’ founder Thomas McClary’s court battle to use the trademark “COMMODORES founder Thomas McClary” for his solo career. As I dug further into the meaning of the song, it is actually about the relief of ending a really difficult relationship. I guess it fits that the relationship, or…
Tiffany Prevails!
The title is not a reference to a win by me, but rather my namesake Tiffany and Company’s big win in the Southern District of New York.
Tiffany and Company was awarded nearly $16 million against Costco Wholesale Corp. (“Costco”). You may recall I blogged about this lawsuit which was filed on Valentine’s Day in…