On Tuesday of this week, we discussed the trademark infringement case filed by Lulu’s Market & Deli against Lulu’s Public House (depicted above), here is a link to a pdf of the Complaint.
As you will recall, we expressed a healthy dose of skepticism about the claims being asserted by Lulu’s Market & Deli,
It’s that time of year again, the Minnesota State Fair is here, and trademark issues abound, again.
We’re actually not covering the trademark fair issue we planned to cover today because we just caught wind of a lulu of a trademark infringement case filed on Friday of last week against a brand new
Continuing our discussion — from yesterday and the day before — about the description of a mark provided to the USPTO during the registration process, the below images from two unrelated federally-registered, non-verbal logos for banking services, help tell another related story:
As the links
Let’s suppose you’ve been asked to search and clear the name of a bar, without seeing the design mark in the upper right and lower left hand corners of this photo (from a recent trip to Boston):
When I first saw this design logo, I thought the name was probably W Bar, so you know
Fame tends to attract attention, and imitation, especially unwanted imitation from, well, even pests. The Google trademark appears to have obtained such a high degree of fame that no third party can include the word “Google” in its mark without having a problem, regardless of what the third party happens to be selling. Ron,
Please consider this beautiful backdrop and sunset in Ontario, Canada, as a gentle reminder of how important it is to have a very clear understanding of your brand’s trademark strength and reasonable scope of rights before engaging in trademark enforcement activities.
As promised, here are some further thoughts, lessons learned, and remaining unanswered questions concerning the recent and long-anticipated decision of the Second Circuit Court of Appeals in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc.
Lessons Learned for Marketing Types:
At long last, here is a pdf link to the decision, and here is the Second Circuit Court of Appeals summary in a nutshell:
“We conclude that the District Court’s holding that a single color can never serve as a trademark in the fashion industry, Christian Louboutin S.A. v. Yves Saint Laurent Am., Inc., 778
A day doesn’t go by without my GoogleAlert spotting another online reference to some purported example of “trademark bullying.”
It seems like just about any private assertion of trademark infringement will trigger the use of the term as a very public knee-jerk response.
As you know, we’ve spilled a lot of ink, writing about the
It is not every day that tree rings are trending on Bing.
This image got me thinking about how it might be an even better image to illustrate how effective trademark enforcement can impact the scope of trademark rights.
As you may recall, I have illustrated this concept before using the perfectly regular concentric
