Back in 2018 (seems like a decade ago during these unusual times), I posted a couple times about a trademark infringement complaint by Stone Brewing, a craft brewery in California, against MillerCoors. The complaint alleged that the rebranded cans and packaging of the Keystone beer, which added separate emphasis of the word “STONE,”
NEVER Means Forever, Until it Doesn’t
Never is supposed to last forever. Forever is never supposed to come to an end. Neither are possible to measure in time, for as long as they continue to be true.
The wait for either to fail, can last for an infinite period of time, until they collide. We have witnessed such a collision during…
Consumer Recollection and Car Logos
Here’s a question for our design-minded readers: If survey evidence told you that consumers recalled only certain elements of a beloved logo, would you remove the rest, and reduce it to only the most commonly remembered features?
Most likely, your answer doesn’t involve analysis under trademark law.
So, maybe, this post will influence…
Introducing the (Wuhan) Gong Show?
The Gong Show was a quirky and absurdly amusing talent show from the 70s.
It was created, produced, and hosted for a number of years by Chuck Barris.
The gong was beaten by one or more judges when they’d had enough of an act.
“Then it popped,” Louboutin’s Contrasting Red Sole Trademark
A week ago, over at The Fashion Law, an Independent Source for Law, Business and Culture, an enjoyable trip down memory lane was published about the history of trademark protection regarding Louboutin’s red-colored sole mark.
What I hadn’t seen before now is Christian Louboutin’s quote “then it popped”:
“The concept shoe, with its
Backpacks, Boycotts, Brand Bullying, Backlash, and Backcountry.com
A belated thanks to Candice Kim and Professor Leah Chan Grinvald for sharing their insights and perspectives in our recent webinar on trademark bullying.
One topic we discussed is Backcountry.com’s recent back-down to backlash over its trademark enforcement activities concerning the Backcountry mark.
The example is a harsh reminder to trademark counsel of the…
Cardi B, You (Probably) Can’t Trademark “Okurrr,” Okay?
The saltiest trademark news in the last week surrounds singer Cardi B’s application to register the marks “Okurr” and “Okurrr,” both slang for “Okay???”–but pronounced in a hip, rolled-r trill, sometimes with a shady tone. Or, as Cardi describes, it: the sound of a “cold pigeon in New York City.” If you haven’t heard it…
Food Fight in NYC!
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…
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…
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…