Famous celebrity chef Chloe Coscarelli (“Chloe”) and Tom Colicchio (“Colicchio”) started a new pop-up restaurant called “Supernatural” that is in the midst of a “food fight” or lawsuit with owners of the By Chloe restaurant Chloe originally founded but no longer has an ownership interest in. After receiving cease and desist letter from BCH Hospitality
Rivian’s F-150 Masquerade: Fair Use or Trade Dress Infringement?
A little over one year ago, I blogged about Tesla’s Roadster being launched into outer space, asking who owns the right to the “Spaceman” rider’s mark? Today I post a different thought-provoking question about electric car company Rivian: Does Rivian’s use of a Ford F-150 body when testing its electric truck technology in public
Registration of Copyright Needed to Sue
Many years ago, as a young lawyer, I experienced the utter joy of helping a client dismiss a copyright infringement lawsuit against it, because the plaintiff’s claimed copyright hadn’t yet been registered with the Library of Congress.
Seemed like an obvious error for the plaintiff to file when it did, since the federal copyright statute
Will Daenerys or Sansa Sit on The Iron Throne?
Does Sanas Health Practice Ltd. (“Sanas Health”) think that Daenerys or Sansa will win at the end of the wildly popular Game Of Thrones series and ultimately sit on the Iron Throne? Sanas Health filed two applications for the mark “QUEEN OF THRONES” with the United States Patent and Trademark Office (“USPTO”). Interestingly, the Applicant’s
If an Alligator Infringes a Beaver Mark, Will a Cowboy?
You might recall that several months ago, we blogged about an intriguing trademark infringement battle between Buc-ee’s and Choke Canyon. In June 2018, the Texan rivals competing in the over-sized gas station market–a real niche, to be sure–went to trial, with Buc-ee’s arguing that Choke Canyon’s alligator logo infringed Buc-ee’s beaver mark:
Incredibly, the Texan
Artists’ Lawsuits Against Fortnite Creators May Rely on Rights of Publicity
— Jessica Gutierrez Alm, Attorney
No one does the Carlton quite like Carlton Banks. (Queue Tom Jones’s It’s Not Unusual.) Since actor Alfonso Ribeiro first performed the unique dance on The Fresh Prince of Bel-Air, it has been readily associated with him. When the dance move recently appeared as a purchasable avatar dance
Crip-a-Cola: From Gang to Brand?
Can a gang become a brand? This is a question asked in the new Netflix show, Trigger Warning, produced by and starring Michael Render, AKA Killer Mike, one half of the Grammy-nominated rap group Run the Jewels.
Killer Mike of Run the Jewels performing at Pitchfork Chicago on
Beyoncé Done Battling Over Use Of Feyoncé
You may recall that DuetsBlog informed you in May of 2016 (here) that Beyoncé filed suit in New York federal court against a company and its owners who were using the mark Feyoncé on apparel and other products, such as mugs. She has now dismissed the lawsuit—likely based on a settlement (although the
For Trademark Infringement, You Can’t Compare Apples to Cannabis
They say one Bad Apple can spoil the bunch. But what can a Happy Apple do? It depends on which one you buy, but you’ll want to make sure you’ve got the right Happy Apple.
One Happy Apples brand involves fresh apples, apple cider, and caramel apples. The other Happy Apple is a cannabis infused
McDonald’s Big, Super, Good-for-nothing European Trademark Mess
From time to time, I post squirrelly thoughts. Today, I wonder: Should a large company with famous, distinct trademarks sometimes hold back from aggressively enforcing those trademarks, even when doing so might at first appear to be a useful competitive strategy? I’m sure many executives at McDonald’s–the worldwide fast-food chain that it is so ubiquitous