Trademark

04Sep 2023

Counterfeiters On Your Property? Don’t Turn a Blind Eye

September 4, 2023 Trademark

Ever been approached by an enterprising salesperson with a coat full of fake Rolex watches?  It’s a risky business. The FBI, federal marshals, customs officials and brand owners may be involved in enforcing trademark and anti-counterfeiting laws. Did you know that not only sellers but their landlords may be liable? Under a theory of contributory […]

03Aug 2023

X-treme Rebranding

August 3, 2023 Trademark
Twitter X

The big rebranding news this month is Elon Musk’s renaming Twitter to, yes, you probably know already, X. You may ask, can you even file a trademark registration for a single letter? The answer is definitely “yes” so long as the mark is distinctive for the class of goods and services it is registered to identify. Just […]

13Jul 2023

SCOTUS Decides the Jack Daniel’s Dog Poop Case: No Jokes, Just Basic Trademark Principles

July 13, 2023 Trademark
jack daniels Bad Spaniels

The U.S. Supreme Court has rendered only 15 trademark opinions since 1924. So, it is always noteworthy when the Court considers a trademark case. This term, as we anticipated, the Court rendered its decision in the Jack Daniel’s trademark infringement case. We’ve been following this case since 2020 so you may recall the facts but here’s a refresher: VIP Products (“VIP”) sells, […]

08Jun 2023

Liberate TACO TUESDAY! Who Owns It Anyway? 

June 8, 2023 Trademark, Uncategorized
Taco Tuesday

Given the weighty domestic and foreign news of the day, trademark wars shouldn’t be capturing as much media attention as has the recent kerfuffle over the mark “TACO TUESDAY.” But it has. If you haven’t heard, Taco Bell, LeBron James, and some restaurant establishments are fighting over ownership of the trademark rights to TACO TUESDAY. […]

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 […]

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