Couldn’t be more pleased and thankful to collaborate and share insights on the timely topic of Trademarks, Parody, and the First Amendment, with esteemed Professor of Law Christine Farley during our upcoming Strafford webinar on Tuesday July 25, 2023, at 1 PM ET, check out the details here, hope you can join us!
Trademark Infringement
Stone/MillerCoors Battle Update #2: Summary Judgment
Back in 2018 (seems like a decade ago during these unusual times), I posted a couple times about a trademark infringement complaint by Stone Brewing, a craft brewery in California, against MillerCoors. The complaint alleged that the rebranded cans and packaging of the Keystone beer, which added separate emphasis of the word “STONE,”…
Update: “Square Donuts” Dispute Headed to Settlement
Earlier this year I posted about a trademark dispute regarding the use of the term “Square Donuts” for square-shaped donuts. The case involved proceedings both in federal court and at the Trademark Trial and Appeal Board (TTAB), between the Square Donuts cafe in Indiana (which claimed decades of prior use and a trademark…
Update #2: No Mo MoMaCha (For Now)
There’s been a major update in the trademark infringement lawsuit brought by the Museum of Modern Art (“MoMA”) against the cafe and art gallery, MoMaCha in New York City.
MoMA’s motion for a preliminary injunction was recently granted by Judge Louis Stanton of the Southern District of New York. As we discussed previously, the infringement…
What Is in a Name? That Which We Call Heisman; by Any Other Name Would Be Ambiguous
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…
UGG Is Not Synonymous With A Type of Boot
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…
Wine Spectator v. Weed Spectator – Is Wine Related to Cannabis?
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,…
Update: MOMACHA Triples Down, Expanding Despite Infringement Claim
Earlier this year, the Museum of Modern Art in New York City, known as “MoMA,” sued a cafe and art gallery, MoMaCha, also located in New York City, asserting claims of trademark infringement, trademark dilution, and unfair competition. As discussed in my post a couple months ago, although MoMaCha has some well-founded arguments and…
MoMA v. MoMaCha: An Artistic Trademark Battle
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…