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Category Archives: Law Suits

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Patent IPRs and Allergan’s Sovereign Immunity Defense

Posted in Agreements, Contracts, Law Suits, Mixed Bag of Nuts, Patents

In an age of rising healthcare costs, pharmaceutical companies can be an easy target in calls for patent reform.  Patent protection helps drug manufacturers recoup their investment in developing the new drug,.  It also prevents generic manufacturers from releasing the same drug formulation at lower cost.  The Hatch-Waxman Act provides a pathway for generic manufacturers… Continue Reading

Update: PayPal v. Pandora Settlement

Posted in Agreements, Branding, Famous Marks, Law Suits, Mixed Bag of Nuts, Trademarks

Last year I posted about the trademark infringement complaint by PayPal against Pandora, based on Pandora’s rebranded “P” logo that was introduced in October 2016.  See a comparison below of PayPal’s blue “PP” design mark (left) with Pandora’s blue “P” design mark (right). Last November, the parties reached a written settlement agreement and stipulated to… Continue Reading

“Brother Thelonious” Monk’s Likeness Protectable Decades After Death

Posted in Advertising, Articles, Branding, Contracts, Food, Infringement, Law Suits, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks

Earlier this month, a California federal judge kept alive a suit brought by the estate of famous jazz musician Thelonious Monk against North Coast Brewing Co. for trademark infringement and infringement of the right of publicity. The dispute centers around North Coast’s popular “Brother Thelonious” Beligan-style abbey ale (beer seems to be on the mind here… Continue Reading

Decision Invoking GAME OF THRONES – There Is No Middle Ground

Posted in Famous Marks, Law Suits, Mixed Bag of Nuts

A United States Magistrate Judge in Northern California relied on the Game of Thrones where there is no “Middle Ground” in rendering his decision to award attorneys’ fees for the work spent on all claims brought by former student athletes against the National Collegiate Athletic Association (“NCAA”).  The student athletes were victorious on certain claims… Continue Reading

Lawsuit Verdict Makes Grumpy Cat Smile

Posted in Contracts, Copyrights, Dilution, Infringement, Law Suits, Marketing, Mixed Bag of Nuts, Trademarks

For anyone unfamiliar with internet cat personalities, Grumpy Cat is a well-known feline whose dwarfism and underbite culminate in a perpetual—and adorable—sour expression.  Grumpy Cat’s real name is Tardar Sauce.  In 2012, when Tardar Sauce was only a few months old, she became an internet sensation after a photo of her endearing scowl was posted… Continue Reading

The Elvis Presley Estate Loses Bid to Block ELVIS JUICE Beer

Posted in Dilution, Famous Marks, Food, Infringement, International, Law Suits, Trademarks, TTAB, USPTO

Trademark disputes involving breweries are nothing new, with breweries battling each other, wineries, and even cities over trademarks. We can now add estates of dead celebrities to the mix, as the Estate of Elvis Presley continues its battle against UK-based BrewDog over its ELVIS JUICE I.P.A. The Elvis Estate first attempted to resolve the dispute… Continue Reading

007 Strikes Again

Posted in Famous Marks, Infringement, Law Suits, Social Networking, Television, Trademarks

The producer and promoter of the James Bond movies Danjaq, LLC has filed an opposition to the intent-to-use application for the mark “.007%” with the United States Trademark Trial and Appeal Board (“TTAB”).  You may have seen some of the 007 movies, including: Dr. No (1962); From Russia With Love (1963);Goldfinger (1964); Thunderball (1965); You… Continue Reading

Twitter Flying Too Close to TWIT Mark With Video Content

Posted in Agreements, Famous Marks, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Social Networking, Technology, Trademarks

Twitter, the social media giant, is being sued by its internet cousin, TWiT.  TWiT, which initially stood for This Week in Tech, is a netcast network providing audio and video tech-related content.  TWiT owns the registered service mark TWIT for visual and audio entertainment performances. According to the Complaint, TWiT founder Leo Laporte and Twitter… Continue Reading

Court Protects Louis Vuitton from Inability to Understand Obvious Joke

Posted in Dilution, Fair Use, Famous Marks, Fashion, Infringement, Law Suits, Loss of Rights, Mixed Bag of Nuts, Sight, Trademarks

For the past several years, DuetsBlog has covered fashion house Louis Vuitton’s outlandish trademark “bullying” against law schools, dog toys, photographers, and movie studios. Most recently, we discussed the brand’s latest high-profile lawsuit against rival luxury canvas tote maker (sarcasm), My Other Bag, for trademark infringement and dilution. To the casual observer, one might not… Continue Reading

Comic Con (TM)

Posted in Branding, Genericide, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Trademarks

The term Comic Con has become synonymous with a certain culture.  In recent years, comic book conventions (and comic book culture), have become increasingly popular.  Annual comic book conventions are held in major cities across the U.S. and the world.  Many of these conventions are titled—officially or unofficially—“[City] Comic Con.”  One recent jury decision, however,… Continue Reading

Will the Small Hotel Knock the Gym Out of its Space?

Posted in Branding, Law Suits, Marketing

The Equinox Hotel Management, Inc. (“Equinox Hotels”) sued the Manhattan upscale gym giant, Equinox Holdings Inc. (“Equinox Gyms”), asking a federal judge in California to block the gym from expanding into hotels. Equinox Hotels do not want the upscale gym giant to take over the small company’s identity. Equinox Hotels fears that its brand recognition… Continue Reading

John Deere: These Colors Don’t Run

Posted in Branding, Dilution, Law Suits, Look-For Ads, Mixed Bag of Nuts, Non-Traditional Trademarks

Growing up with a farm in the family, I learned early on that Nothing Runs Like Deere®.  As people tend to do, we named all of the tractors –  after Masters of the Universe characters, of course.  There was a front-loader type tractor of a brand I don’t recall named Skelator, another old tractor named… Continue Reading

Supreme Court Justices’ Questions in Oil States Suggest Inter Partes Review Will Be Upheld as Constitutional

Posted in Articles, Civil Procedure, Infringement, Law Suits, Patents, USPTO

On Monday, November 27, 2017, the U.S. Supreme Court heard argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712. The case presents a direct challenge to the U.S. Patent and Trademark Office’s (“USPTO’s”) “inter partes review” (“IPR”) process, under which third parties can petition the USPTO’s Patent Trial and Appeal… Continue Reading

When Names become Brand Names

Posted in Advertising, Branding, Contracts, Fair Use, Fashion, Goodwill, Infringement, Law Suits, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks

And whatever the man called a living creature, that was its name. Genesis 2:19 Naming things is a fundamentally personal, human act that sometimes – in a profession all about brand names – we take for granted. It’s easy to forget when we are clearing, registering, and protecting names, that at a basic level we… Continue Reading

Kim Kardashian Secures Hometown Advantage

Posted in Articles, Famous Marks, Fashion, Law Suits, Marketing, Product Packaging, Trademarks

Kim Kardashian West’s (“Kardashian’s”) company Kimisaprincess, Inc. won its motion to transfer a pending case against the company from Illinois to California. Danish makeup artist Kirsten Kjaer Weis (“KKW”) sued Kimisaprincess in Illinois alleging claims of trademark infringement, false designation of origin and unfair competition against Kardashian’s company. Kim Kardashian and her family are no… Continue Reading

Forget Prince; Minnesota Opens Courts to Hulk Hogans of the World with Revenge Porn Civil Action

Posted in Copyrights, Law Suits, Mixed Bag of Nuts

Recently, I attended the University of Minnesota’s celebration of “40 Years of Gopher Justice,” an event honoring the institution’s University Student Legal Service (“USLS”), a non-profit organization that provides UMN students with free legal services. The celebration included a panel on a contemporary topic in student advocacy: “revenge porn.” The topic isn’t relevant just for… Continue Reading

Making Fair Use of the Super Bowl Trademark

Posted in Advertising, Articles, Branding, Dilution, Fair Use, Famous Marks, First Amendment, Infringement, Law Suits, Marketing, Trademark Bullying, Trademarks

Over the weekend, the Star Tribune continued the growing drum beat of understandable excitement for Super Bowl LII, as it steadily approaches U.S. Bank Stadium in Minneapolis. The article also plays the typical NFL-enabling drum beat of caution against local businesses that might see fit to fairly and truthfully reference the Super Bowl in some… Continue Reading

Claim Is Gone With The Wind At Death

Posted in Articles, Law Suits, Loss of Rights, Mixed Bag of Nuts, Television

Two time academy award winner Olivia de Havilland seeks an expedited trial for the lawsuit involving her right of publicity.  Olivia de Havilland, DBE v. FX Networks, et al, BC667011 (Superior Ct. Calif., June 30, 2017). The urgency is needed because Ms. de Havilland’s statutory right of publicity ceases at her death.  She is currently… Continue Reading

An Update from Mars: “CocoVaa” Dispute Resolved

Posted in Agreements, Infringement, Law Suits, Mixed Bag of Nuts, Trademark Bullying, Trademarks

Earlier this year, I posted about a dispute between candy company Mars Inc. and a small business based in Wisconsin, selling handmade fine chocolates under the mark CocoVaa. In March, Mars Inc. filed a federal trademark infringement complaint in the Eastern District of Virginia, asserting that its registered CocoaVia® mark (Reg. No. 4179465), for a dietary supplement powder, was being… Continue Reading

Long Trail Brewing Tells Burton to TAKE A HIKE!

Posted in Agreements, Branding, Fashion, Law Suits, Marketing, Trademarks

What happens when a clothing manufacturer starts selling graphic t-shirts and sweatshirts, perhaps without doing a proper trademark search?  Sometimes a lawsuit. A trailblazing brewery when it comes to trademark disputes, Long Trail recently sued snowboard manufacturer and fellow Vermonter Burton for using TAKE A HIKE on shirts and sweatshirts.  Here’s an example of one… Continue Reading

A Special Thank You to Suzan Shown Harjo

Posted in Articles, Branding, First Amendment, Law Suits, Marketing, SoapBox, Trademarks, TTAB, USPTO

Today marks the 25th anniversary of the filing of the petition to cancel the R-Word registrations held by Pro-Football, Inc., the NFL franchise playing near the Nation’s capital. Indian Country Today has published an interview with Suzan Shown Harjo, lead petitioner in Harjo et al v. Pro-Football, Inc., and organizer of Blackhorse et al v…. Continue Reading

Kerrygold Update: A Buttery Settlement

Posted in Branding, Infringement, Law Suits, Mixed Bag of Nuts, Product Packaging, Trademarks, USPTO

A few months ago I posted about a trademark infringement lawsuit filed by Ornua, seller of Kerrygold® Pure Irish Butter, against Defendants Old World Creamery and Eurogold USA, who briefly sold Irish butter under the mark Irishgold. The court granted Ornua’s motion for a temporary restraining order (TRO), concluding that Ornua had a reasonable likelihood of success on its trademark infringement… Continue Reading

Game Over for Nestlé? Atari Sues Over “Breakout” Kit-Kat Ads

Posted in Advertising, Fair Use, Law Suits, Trademarks

For most of us, video games and candy go together perfectly, but that doesn’t mean they always get along. In fact, last week the “original” video game company, Atari Interactive, sued food and candy behemoth Nestlé in California federal court. What put Atari on tilt? It was Nestlé’s incorporation of the game play, layout, and… Continue Reading

Joint IP Ownership Rights

Posted in Agreements, Almost Advice, Contracts, Copyrights, Genericide, Idea Protection, Infringement, Law Suits, Mixed Bag of Nuts, Patents, Trademarks

New ideas, creations, and business ventures are often the product of collaboration.  If lawyers had their way, a written agreement would precede every creative collaboration.  Of course, this is not the case.  Collaborators often do not seek advice of counsel, or see the need for an agreement, until after the new idea, creation, or venture… Continue Reading