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Tag Archives: Dilution

Wine Spectator v. Weed Spectator – Is Wine Related to Cannabis?

Posted in Dilution, Infringement, Mixed Bag of Nuts, Trademarks

M. Shanken Communications, publisher of Wine Spectator — a popular magazine, website and mobile application that offers wine ratings on a 100-point scale — has filed a lawsuit against California-based Modern Wellness, Inc., based on that company’s use of “Weed Spectator” for ratings of cannabis. The federal complaint, filed in New York, alleges claims including trademark infringement,… 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

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

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

Army v. NHL – Another Challenge for Vegas Golden Knights

Posted in Mixed Bag of Nuts, Trademarks, TTAB, USPTO

Another update on my series of posts following the trademark troubles of the NHL’s newest expansion team, the Las Vegas Golden Knights. Most recently, I posted about the USPTO’s decision to maintain a refusal to register the team’s marks in connection with clothing, LAS VEGAS GOLDEN KNIGHTS and VEGAS GOLDEN KNIGHTS (Applicant Nos. 87147236, 87147265), based… Continue Reading

The Dilution Delusion?

Posted in Dilution

-Wes Anderson, Attorney I hesitate to add to the fallout from Matal v. Tam, the Supreme Court’s decision last week invalidating the disparagement clause of Section 2(a) of the Trademark Act. That said, here I go. Many trademark practitioners, separate and apart from their reaction to the decision itself, now ask “where do we go from… Continue Reading

Sonic v. Supersonic Coffee v. AKA Coffee: Bullied to a better brand?

Posted in Branding, Dilution, Famous Marks, Trademark Bullying, Trademarks, TTAB

A specialty coffee roastery in San Francisco, Supersonic Coffee, has decided to rebrand to the name AKA Coffee, as reported yesterday.  The impetus for the rebrand was an opposition at the Trademark Trial and Appeal Board (TTAB) by the national fast-food chain Sonic, against Supersonic Coffee’s trademark application for the word mark SUPERSONIC.  This trademark application (Serial No. 86382164)… Continue Reading

Hope Springs Eternal – Even for Baseball Trademark Disputes

Posted in Branding, Infringement, Law Suits, Trademarks, USPTO

Across the United States this week, fans rejoiced as baseball returned. Teams took to the diamond and played the first games to count since last year’s World Series. Players, coaches, and fans all turned the page on last season, starting with a clean slate and an undefeated record. But while the players battled on baseball… Continue Reading

Does Louis Vuitton’s Loss to a Parody Defense Justify an Award of Attorney Fees?

Posted in Dilution, Fair Use, Famous Marks, Fashion, First Amendment, Infringement, Law Suits, Trademark Bullying, Trademarks

Earlier this month the Southern District of New York granted the defendant’s Motion for Summary in Louis Vuitton Malletier, S.A. v. My Other Bag , Inc. The fashion giant had brought suit against a California company over its sales of a canvas tote bag that included an image that “evoked” Louis Vuitton’s classic handbag design…. Continue Reading

The Juice Runs Out for Yankee Parody Trademarks

Posted in Dilution, Fair Use, Famous Marks, First Amendment, Trademarks, TTAB

A good general business practice is to apply to register trademarks early. You’ll find out if there is an issue. You’ll have time to change rather than having to take everything off the shelf under the threat of a lawsuit. Yet a recent decision from the Trademark Trial and Appeal Board in New York Yankees Partnership… Continue Reading

IKEA översittare: Bully or Baloney?

Posted in Branding, Dilution, Domain Names, Fair Use, Famous Marks, First Amendment, Goodwill, Infringement, Marketing, Social Media, Trademark Bullying, Trademarks

I once spent 20 minutes trying to figure out whether I was installing a metal insert for an NYMÖ lamp upside down, or rightside up. I’m still not sure I ever installed it correctly, but it’s still working. So there. But a new IKEA översittare is getting a lot of attention on the internet, and… Continue Reading

The 140-Character Trademark Lesson

Posted in Branding, Genericide, Guest Bloggers, Loss of Rights, Mixed Bag of Nuts, Social Media, Social Networking, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC When I think of Twitter, I think of — it’s really hard to define because we’re still coming up with the vocabulary — but I think it’s defined a new behavior that’s very different than what we’ve seen before. — Jack Dorsey, Twitter Co-Founder in 2009 My, how… Continue Reading

Two Degrees Separation from Justin Timberlake

Posted in Law Suits

Justin Timberlake was featured in recent movies about Facebook (i.e., Oscar nominated The Social Network) and a movie about teachers who may use Teachbook (i.e., Bad Teacher with former girlfriend Cameron Diaz). Ironically, he is therefore somewhat connected to both parties in a lawsuit filed in federal court in Illinois (closer than the six degrees… Continue Reading

Levi Pockets a Favorable Court of Appeals Decision

Posted in Dilution, Law Suits, Trademark Bullying

–Susan Perera, Attorney Dusting off the archives, you may remember a 2009 blog post by Tiffany about a trademark infringement lawsuit initiated by Levi Strauss against Abercrombie & Fitch over the back pocket design on the respective parties’ jeans. In that case the jury determined that the pocket designs, shown below, were not confusingly similar;… Continue Reading

Shopping for a Trademark

Posted in Advertising, Branding, Trademarks

Are you shopping for a trademark? Stores spend lots of money branding their names. Accordingly, many register their store names as trademarks.   Over Thanksgiving while shopping in Turkey,  I saw the store front sign Inci®. I thought it was unique because you do not often see the ® on a store front sign. For example, you do… Continue Reading

Apple vs. Apple: Protecting Your Brand Abroad

Posted in Branding, Famous Marks, International, Trademarks

–Sharon Armstrong, Attorney The inquiring minds at TechDirt have unearthed a spat between Apple and Woolworths (the supermarket chain in New Zealand and Australia) due to the latter’s adoption of a curly-cue-letter-W-shaped mark, shown below:   Putting aside dilution issues, the central question would appear to be whether confusion is possible, let alone likely, given… Continue Reading