The Museum of Modern Art in New York City, commonly known as “MoMA,” has sued a cafe and art gallery, MoMaCha, also located in New York City. A couple months ago, MoMA filed a complaint in federal court against MoMaCha, asserting claims of trademark infringement, trademark dilution, and unfair competition. A few days after
Dog Toy Manufacturers Really Like Parodies
— Jessica Gutierrez Alm, Attorney
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
Making Fair Use of the Super Bowl Trademark
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
Do You Even Trademark, Bro?
— Jessica Gutierrez Alm, Attorney
Two Bros are competing over their Bro meal delivery services.
Jamie Giovinazzo is the owner of Eat Clean Bro, LLC, a meal delivery service providing “a convenient service that is designed to bring chef-prepared meals right to your front door.” “Whether you are looking to lose weight, live a
A Legal Obligation to Enforce Trademark Rights?
When trademark owners are accused of bullying and shamed in public, a common and knee-jerk defensive response to justify the cease and desist letter or enforcement action is: “We have a legal duty and obligation to police and enforce our trademark rights.” And, some might even go on to say: “If we don’t enforce our
Some Trademarks Die Hard, Some Are Just Numb
Likelihood of confusion? Likelihood of dilution? Blurring? Tarnishment? All to the left?
To closely examine Sears’ most recent trademark infringement and dilution law suit and complaint concerning the DIEHARD brand against the maker of DieHard Spray ("a numbing agent for male genitalia"), check out Sears, Roebuck & Co. v. Rockhard Laboratories, Inc., venued in the
Do Not Wear a White Cowboy Hat, Boots & Underwear
Many visitors traveling to Times Square since 2002 have caught a glimpse of the Naked Cowboy®, a/k/a Robert Burck. He sings and officiates weddings (charging $499 and up). He even ran for the Mayor of New York at one point (although he ended up withdrawing from the race). For those of you who have not
Tilting At Windmills and Counterfeit Trademark Designs?
My first oral argument, as a very young lawyer, involved a small discovery dispute in a trademark case, in which there were complaints about inadequate and deficient discovery responses. During the hearing, the U.S. Magistrate Judge who decided the motion said something to the effect that my client’s positions reminded him of tilting at windmills. Needless
Trademark Dilution: What About All “The Other Red Meat(s)”?
Last month the Trademark Trial and Appeal Board (TTAB) refused registration of the slogan THE OTHER RED MEAT for "fresh and frozen salmon," not based on likelihood of confusion, but because it is likely to dilute the distinctive quality of the famous THE OTHER WHITE MEAT slogan of the National Pork Board and National Pork Producers Council. Stay tuned for