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Category Archives: Law Suits

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The Horror! Government Argues No Claim of Infringement for Unregistered Copyrights

Posted in Articles, Copyrights, Infringement, Law Suits, Loss of Rights

Happy Halloween from DuetsBlog! I write today regarding a scary subject: unregistered intellectual property. The horror! Ask any IP professional about registration, and you’re likely to hear that registration is one of the most important steps in protecting IP. Whether it is a patent, trademark, or copyright, registering IP often provides the IP owner greater… Continue Reading

Dispute Over Bad Moms Mark

Posted in Idea Protection, Infringement, Law Suits, Television, Trademarks

Florida start-up entity BAD MOMS, LLC beat the producer of the movie with the same name to the punch! Specifically, the company sued the producer for declaratory judgment and an injunction preventing the movie producer from using the mark in connection with any of the Florida company’s goods and services or those related thereto. Both… Continue Reading

Intellectual Property Law Ruins the Party, Again

Posted in Copyrights, Goodwill, Infringement, Law Suits, Trademarks

Video games offer a melting pot of intellectual property: trademark law, copyright law, and even patent law all come together in a delicious mix of intangible property. However, not all video game franchises are equal. Few can claim the same level of longevity, success, and nostalgia as Nintendo’s Mario Brothers series. Among the most popular… Continue Reading

What Is in a Name? That Which We Call Heisman; by Any Other Name Would Be Ambiguous

Posted in Articles, Domain Names, Fair Use, Famous Marks, First Amendment, Infringement, Law Suits, Marketing, Sight, Squirrelly Thoughts, Trademark Bullying, Trademarks

It’s fall, and you know what that means: football season! For many, this means a return to the couch each weekend to spectate America’s most-watched sport. But the popularity of doing so appears to be in decline. This shift isn’t only affecting the NFL, but also college football as well, as ticket sales continue to plummet…. Continue Reading

Is a Wellness Brand Vaped by Nicotine?

Posted in Advertising, Articles, Branding, FDA Approval, Law Suits, Marketing, Trademarks

Juut, an award-winning salon and spa founded in Minneapolis, has grown over the last 30 years, expanding into Arizona and California, with a focus not only on beauty, but health and wellness. Juut was founded by David Wagner (author of Life as a Daymaker — How to Change the World by Making Someone’s Day), naturally the Juut name means: “to uplift humanity… Continue Reading

UGG Is Not Synonymous With A Type of Boot

Posted in AlphaWatch, Branding, Dilution, Famous Marks, Fashion, Genericide, Idea Protection, Infringement, International, Law Suits, Marketing, Patents, Trademarks

The popular UGG® branded sheepskin boots are at the heart of a dispute in the Northern District of Illinois. Deckers Outdoor Corp. (“Deckers”) owns 29 federal registrations for the trademark UGG in connection with numerous goods and services, including footwear, clothing, wallets, passport covers, plush toys and retail store services. The company also has four… Continue Reading

‘O’ Stands for Oklahoma, Ohio, Oprah…

Posted in Articles, Branding, Fair Use, Famous Marks, Law Suits, Marketing, Mixed Bag of Nuts, Sight, Squirrelly Thoughts, Trademarks, USPTO

As Steve blogged earlier this week, we’ve had a lot of “zero” on the mind lately—marks related to the word and numeral. It got me thinking about the letter ‘O,’ especially since it has been in recent trademark news. If you missed it, The Ohio State University and Oklahoma State University are now dueling it… Continue Reading

After Battles for Fees, Victory for Comic Con and (partially) Grumpy Cat

Posted in Agreements, Articles, Civil Procedure, Famous Marks, Infringement, Law Suits, Product Packaging, Sight, Trademarks

The battle for attorneys’ fees after an intense trademark dispute often leaves many prevailing parties empty handed. This is because the Lanham Act only provides for attorneys’ fees in “exceptional cases.” Congress’s (and courts’) reluctance to award attorneys’ fees stems from the “American Rule,” which provides that each party to a lawsuit is responsible for paying… Continue Reading

Battle Over Trademark in NOLA

Posted in Articles, Civil Procedure, Dilution, Fair Use, Famous Marks, Food, Infringement, Law Suits, Marketing, Trademarks, USPTO

The trademark ST. ROCH MARKET is at the heart of a dispute in New Orleans (aka NOLA).  The City of New Orleans is battling in court with the current lessee of the building associated with the trademark. ROCH MARKET has been associated with a popular market in New Orleans since 1875. Prior to Hurricane Katrina,… Continue Reading

Billy Goats, Trademark Twins, and the Descriptive Limits of Language

Posted in Advertising, Articles, Branding, Food, Infringement, Law Suits, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks

I’ve been thinking about the nature of language lately, ever since I listened to a podcast about various philosophers who devoted their study to language. For example, Ludwig Wittgenstein, one of the most influential philosophers of the twentieth century, is famous for his work on the logic of language. A fundamental premise to his philosophy is that… Continue Reading

Clash of the Cups: NHL Sues Over Stanley Cup Beer Mug

Posted in Famous Marks, Infringement, Law Suits, Non-Traditional Trademarks, Trademarks, TTAB

Even in July, with the heat of summer still blazing, you can’t get away from ice hockey in Minnesota. However, now that the Vegas Golden Knights have settled their dispute with the U.S. Army, it was starting to look like we were running out of hockey trademark news. Thankfully, the National Hockey League came through… Continue Reading

This is Not the Statue You’re Looking For: The Post Office’s $3.5 Million Copyright Mistake

Posted in Copyrights, Fair Use, Infringement, Law Suits

  Earlier this month, the United States Postal Service (USPS) was ordered to pay $3.5 million in damages to a sculptor for copyright infringement. Seeking a unique redesign for its “Forever” stamps, the USPS searched stock photos for images of the Statue of Liberty.  They found a particularly striking photo on Getty Images and paid… Continue Reading

Buc-ee’s Fights ‘Tooth and Nail’ For Total Texas Takedown

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Infringement, Law Suits, Sight, Trademarks

Recently, we have been covering updates from a trademark infringement, dilution, and unfair competition action between Buc-ee’s and Choke Canyon, two rival Texas convenience stores with endless rows of gas pumps and checkout lanes (everything’s bigger in Texas, you know; even gas stations). About a month ago, a Texas jury found that the Choke Canyon… Continue Reading

Celebrity Protects His and His Son’s IP

Posted in Articles, Civil Procedure, Counterfeits, Idea Protection, Law Suits, Non-Traditional Trademarks, Trademarks

DJ Khaled and his son’s company sued an online retailer named Curtis Bordenave and his company, Business Moves Consulting, Inc., alleging that they are illegally using his and his son Asahd’s intellectual property. Most of you likely know who DJ Khaled is, but I had not heard of him before reading about this dispute.  When… Continue Reading

Dog Toy Manufacturers Really Like Parodies

Posted in Dilution, Famous Marks, Fashion, Food, Infringement, Law Suits, Mixed Bag of Nuts, Product Packaging, Trademarks

A dog toy display at a local pet store caught my attention recently. I did a double take on seeing the familiar fonts, coloring, and packaging.  Not long after, I happened to find these at a different pet store. Once again, the familiar labels, coloring, and bottle designs caught my attention. While certainly reminiscent of… Continue Reading

Can a YouTube Video Invalidate a Patent? It’s Certainly Possible

Posted in Articles, Audio, Infringement, Law Suits, Patents, Search Engines, Squirrelly Thoughts, Technology, Television, USPTO

One of the most common defenses to patent infringement is that the asserted patent is invalid. The reasons for invalidity regularly range from lack of utility, to incorrect inventorship, and even to fraud (as I’ve recently written about). Often, the defendant asserts that the patent is invalid for lack of novelty or non-obviousness–pointing to some… Continue Reading

Buc-ee’s Beaver Chomps Reptilian Competitor

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, Infringement, Law Suits, Mixed Bag of Nuts, Sight, Trademarks

About a week ago, we reported on an interesting case out of the Southern District of Texas involving two competing convenience stores with cartoon animal mascots: Buc-ee’s (a beaver) and Choke Canyon (an alligator). As someone who has personally visited Buc-ee’s stores, I can tell you that they are quite the destination. Buc-ee’s tend to… Continue Reading

“Square Donuts” – Generic for Cafe Services?

Posted in Branding, Infringement, Law Suits, Loss of Rights, Mixed Bag of Nuts, Trademarks, USPTO

Two businesses in Indiana are squaring off in a trademark lawsuit over the right to use the term Square Donuts for…well, square-shaped donuts. Back in 2005, Square Donuts, a cafe with four locations in Indiana, sent a letter to Family Express (a convenience store chain with 70 locations in Indiana), demanding that Family Express cease… Continue Reading

At INTA 2018: Trademarks and Free Speech

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, First Amendment, Infringement, Law Suits, Marketing, Trademarks, TTAB, USPTO

Yesterday in Seattle — where nearly 11,000, sleepless, brand protection, trademark, and IP professionals from 150 countries have registered and converged for INTA’s 140th Annual Meeting — yours truly had the distinct pleasure of sharing some thoughts on the intersection between federal trademark registration and Free Speech. Here are some before, during and after pics:… Continue Reading

Trader Joe’s Takes on Trademark “Schmo”

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, First Amendment, Food, Infringement, Law Suits, Mixed Bag of Nuts, Sound, Squirrelly Thoughts, Trademarks, TTAB, USPTO

In recent USPTO news, Trader Joe’s, the supermarket chain known for its eclectic and unique foodstuffs, recently filed an opposition to registration of the mark “Trader Schmo,” which is described as designating a wide variety of Kosher foods. Understandably, Trader Joe’s took issue with the mark, and particularly its use in the food category. The… Continue Reading

What Will Happen To The New Prince Songs

Posted in Audio, Copyrights, Famous Marks, Idea Protection, Infringement, Law Suits

There is a battle brewing over songs by Minnesota’s own Prince.  I, for one, am anxious for the dispute to be resolved so we can enjoy these recordings. Who knows, there may be another worldwide hit “Purple Rain” out there. The initial lawsuit was brought by Prince’s company Paisley Park Enterprises, which is now owned… Continue Reading