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Tag Archives: Lanham Act

Trademark Specimens of Use: A “Necessarily Subjective” Standard

Posted in Advertising, Branding, Food, Marketing, Product Packaging, Trademarks, TTAB

John Welch, over at the TTABlog, reported on a recent trademark specimen of use case (pdf here); one near and dear to my heart, since I represented the Applicant seeking to register the composite word-only mark DELI EXPRESS SAN LUIS for sweet rolls. At issue in the case was whether the product label specimen (appearing below) shows use of the… Continue Reading

False Advertising Claims on the Rise

Posted in Advertising

— Karen Brennan, Attorney There was a very interesting article in the New York Times this weekend worth reading – Best Soup Ever?  Suits Over Ads Now Seek Proof. The article addresses several recent issues raised by companies against competitors over statements or claims being made in advertisements.  Specifically, companies are challenging the truth or… Continue Reading

What Does “Trademarked” Mean to You?

Posted in Marketing, Trademarks

               More than a few trademark types cringe when their clients or others say things like "let’s trademark it," "they didn’t trademark their logo," or "we don’t want to trademark this name," and, when they ask questions like "is it trademarked?" or "is that trademarked software?" or "did we ever trademark our logo?" or "should we… Continue Reading

Medline Industries, Inc. v. 3M Company (False Advertising Complaint Attached)

Posted in Advertising, False Advertising, Law Suits, Marketing

v.                                       (Medline Sterillium Rub)                                          (3M Avagard Surgical Scrub) In a very recent false advertising lawsuit, Medline Industries is all lathered up, alleging that 3M Company is playing dirty in the surgical hand antiseptic marketplace by making false and misleading statements in advertising about 3M’s Avagard brand surgical scrub and Medline’s competing Sterillium Rub brand surgical hand antiseptic. Here is… Continue Reading

New York Court Provides No Assistance To “The Little Blue Box” Company

Posted in Counterfeits, Dilution, Infringement, International, Product Packaging, Sight, Trademarks

I, like most women, want a present in a little blue box from Tiffany & Company (a/k/a Tiffany & Co.) This is not just because the company bears my name (I only wish I were an owner of the company), but because Tiffany & Co.’s exquisite jewelry is associated with the fabulous blue box.  Tiffany &… Continue Reading

Goodbye, Mr. Hughes

Posted in Trademarks

–Sharon Armstrong, Attorney This past Thursday, John Hughes—the mind that created every slumber party-worthy movie of my youth—passed away from a heart attack. Whenever I hear John Hughes’ name, my mind, taking some sort of odd word-association trip, automatically shifts to “The Breakfast Club,” which then makes me think of the Simple Minds song “Don’t You… Continue Reading

How Hot Will This Saucy Trademark Chip Fight Be? Blazin’ Hot? Now, That’s Hot!

Posted in Advertising, Branding, Food, Infringement, Law Suits, Marketing, Sight, Trademarks

There is no question that attempting to own “hot” or versions of “hot” appears to have great value and importance in the marketing world. So, how many original, unique, and memorable ways are there to communicate spicy “hot” anyway? As to memorable, perhaps painfully memorable, Paris Hilton apparently sells designer clothes under her “That’s Hot” brand, and judging from… Continue Reading