Trademark

11May 2023

Long-Arm Reach of U.S. Trademark Law

May 11, 2023 Trademark
Extended Arm

The Long-Arm Reach of U.S. Trademark Law – We’ll Soon Learn Just How Long It Is One may correctly assume that United States trademark law under the Lanham Act applies to conduct in the United States. That, of course, makes sense. But what if you are a U.S. company exporting goods abroad and your trademark is infringed […]

13Apr 2023

Breaking Trademark News in March 2023: Gruyere is Just Cheese and Jack Daniel’s Continues to Claim It’s Not Dog Poop

April 13, 2023 Trademark
Wisconsin Gruyere

We have two trademark news updates this month: In our February 2022 newsletter, we discussed the importance of “geographical indications” in trademark law. You may recall that a geographical indication is an association between a geographical region and a particular product. To quote ourselves: Champagne is from the Champagne region of France, Parmigiano Reggiano cheese and […]

09Feb 2023

Art Imitates Life or Does It?

February 9, 2023 Trademark
Better Call Saul

Out of all the names Defendants could have used for the tax business portrayed in Episode 2, they decided not to be original at all, but instead ripped off the famous Liberty Tax trademark, which had been used for over 25 years, and mimic an actual Liberty Tax location just by adding the word “Sweet” […]

30Jan 2023

CBD Redux – CBD in Food

January 30, 2023 Trademark
CBD Hemp Tea

*Originally posted on April 14, 2022 The rapid but uneven legalization of cannabis-related products in the U.S. and the resulting jurisdictional patchwork where cannabis use may be legal in one state but not another, or on the state but not the federal level, has created confusion for trademark applicants. Some applicants, frustrated by the USPTO’s […]

09Jan 2023

Is Wisconsin Gruyere Really Gruyere or is it Just Cheese?

January 9, 2023 Trademark
Wisconsin Gruyere

Champagne is from the Champagne region of France, Parmigiano Reggiano cheese and Prosciutto di Parma ham from the Parma region of Italy, Toscano olive oil from Tuscany, Roquefort cheese and Champagne from the region of the same name in France. Then there is Irish Whiskey, Darjeeling tea, Florida oranges, Idaho potatoes, Vidalia onions, Washington State […]

02Jan 2023

France.com v. France: Sovereign Immunity Meets Trademark Law

January 2, 2023 Trademark
France.com

*Originally posted on January 13, 2022 Trademarks may incorporate geographical terms but if the USPTO determines that a trademark is “primarily geographic”, the trademark application will be rejected. According to the USPTO,  To support a refusal to register geographic matter, the Trademark Act requires that the mark be primarily geographic, that is, that its primary significance to […]

19Dec 2022

How Much Does it Cost to Hire a Trademark Lawyer?

December 19, 2022 Trademark
Cost of an Trademark Lawyer

Good question, but one that’s not so easy to answer. That’s because there are many variables. Lawyers’ fees may vary depending upon your geographical region, the size and type of law firm you retain, nature and complexity of the work, and the type of fee arrangement. For example, attorneys are more likely to charge flat […]

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