A few months ago I posted about a trademark infringement lawsuit filed by Ornua, seller of Kerrygold® Pure Irish Butter, against Defendants Old World Creamery and Eurogold USA, who briefly sold Irish butter under the mark Irishgold. The court granted Ornua’s motion for a temporary restraining order (TRO), concluding that Ornua had a reasonable likelihood
trademarks
Registrations for Golden Knights Still Refused…Partially
Another update on my series of posts following the newest NHL expansion team, the Las Vegas Golden Knights, and the difficult time they’re having prosecuting their trademark applications. The applicant Black Knight Sports and Entertainment LLC (I’ll call applicant “the team”) applied to register LAS VEGAS GOLDEN KNIGHTS and VEGAS GOLDEN NIGHTS in connection with…
MLB to Oppose (maybe) Blizzard’s Overwatch League Logo
If you’re a video game fan like me, you’re probably familiar with Blizzard Entertainment and their assortment of popular games, such as Starcraft, Diablo, and World of Warcraft. One of Blizzard’s newest games is Overwatch, a multi-player, first-person shooter game. One aspect of this game is the Overwatch League, a series of tournaments…
The Dilution Delusion?
-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…
The Covfefe Kerfuffle and the Rush to Register Trending Terms
While many of us are working our way through the flood of thought-provoking analysis of Matal v. Tam, I’m taking a break with some lighter fare, namely, covfefe. In case you missed it, the viral non-word “covfefe” was born out of a supposedly meaninglessly typo (perhaps a misspelling of “coverage”) in one…
MLB: A Monopoly on “Baseball”?
The weather is finally getting warmer up here in Minnesota and it’s a great time to watch baseball, as I’ve been doing frequently of late. It’s been fun watching my home team, the Twins, enjoy a strong start to the season (anything above .500 is huge after our record-breaking disappointment last year), with our younger…
Trademark Butter Battle: Kerrygold v. Irishgold
You’ve probably heard of and/or eaten Kerrygold® Pure Irish Butter, a deliciously popular (but higher-priced) butter imported from Ireland, made with milk from grass-fed cows. It’s available in most stores across the United States…except for Wisconsin. Sorry to all my Wisconsin friends, you’re missing out. However, the butter is so popular that there have been…
Mars – Helping You Work, Rest & Play (and improve blood circulation?)
While browsing my daily trademark news and digesting some recent chocolate-related trademark litigation, to be discussed below, I happened upon some interesting discussions and histories of slogans for candy, including in particular, the MARS® chocolate bar.
Back in 1960, Mars Inc. debuted its slogan for the MARS® chocolate bar: “A Mars a Day, Helps You…
Don’t Get TRUMPed By a First-Filer
-Wes Anderson, Attorney
Reading over this story on Donald Trump’s decades of headaches (and conveniently-timed successes) with the TRUMP trademark and the Chinese Trademark Office, I was reminded, as I always am, of the importance of filing federal trademark applications.
The examination process for Trump’s marks in China, and the Chinese trademark enforcement regime generally, …
Celebrity Trademark Battle: “The Kitchen”
World-famous chef Wolfgang Puck recently became embroiled in a trademark battle with Elon Musk’s brother, Kimbal Musk, a venture capitalist and entrepreneur who owns The Kitchen Cafe, a family of restaurants in Boulder, Fort Collins, Denver, Glendale, and Chicago. Puck has opened new restaurants with the names “The Kitchen by Wolfgang Puck” and “The…
