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Recent Posts in Trademark Category

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"To Google" Or Not "To Google": The Battle Against Generic Trademark Usage

As reported by NBC News, Google, Inc. ("Google") recently objected to the inclusion of the term "ungoogleable" on a list of new words published by the Swedish Language Council. ...
Continue reading ""To Google" Or Not "To Google": The Battle Against Generic Trademark Usage" »

Nontraditional Trademarks: Can Flavors And Scents Be Protected?

In a recent decision issued by the Trademark Trial and Appeal Board ("TTAB" or "Board"), drug manufacturer Pohl-Boskamp GmbH & Co. ("Applicant") was rebuffed in its ...
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Macy's Battles Over Right To Sell Martha Stewart Branded Merchandise

As reported by The Wall Street Journal, Macy's is embroiled in litigation with Martha Stewart Omnimedia, Inc. ("Stewart") and J.C. Penney's ("Penney's") regarding the ...
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Another Win In The War Against Counterfeiters: Second Circuit Upholds Finding Of Willful Infringement Against Counterfeiter

We have blogged extensively about anti-counterfeiting strategies both inside and outside of court. In January, a three-judge panel of the Second Circuit Court of Appeals issued a summary order that ...
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What Is The Appropriate Level Of Trademark Enforcement?

As reported by Crain's New York Business, a recent seminar at Fordham University's Fashion Law Institute for New York Fashion Week focused on the infringement of fashion brands and logos and ...
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Former U.S. Congressman Files UDRP Complaint To Recover RONPAUL.COM and RONPAUL.ORG Domain Names

As reported by Fox News, Ron Paul ("Paul") has filed a Complaint with the World Intellectual Property Organization seeking transfer of the domain names RonPaul.com and RonPaul.org. Paul, a ...
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Gibson Guitar Corp. Sues Viacom Over Spongebob Squarepants "Flying V" Ukulele

The Gibson Guitar Corp. has been making exceptionally crafted guitars since 1894. One of its most popular electric models is the "Flying V," which was first introduced in 1958 and is ...
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The Evil Empire Strikes Back! The New York Yankees Embrace Evil Empire Trademark

The New York Yankees Partnership, owner of the New York Yankees baseball club, has successfully opposed registration of the trademark BASEBALLS EVIL EMPIRE by Evil Enterprises, Inc., an entity that ...
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Is "Timeline" Descriptive? Facebook Set To Go To Trial In Trademark Infringement Action Over Its Use Of "Timeline"

On September 22, 2011, at a time when the world's leading social-networking website boasted a reported 800 million users, Facebook announced a revolutionary new user interface, dubbed " ...
Continue reading "Is "Timeline" Descriptive? Facebook Set To Go To Trial In Trademark Infringement Action Over Its Use Of "Timeline"" »

NFL and U.S. Customs Announce Seizure Of Counterfeit Merchandise

As reported by ESPN.com, the National Football League ("NFL") recently announced that it had seized more than $13 million in counterfeit merchandise during the 2012 season through an ...
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Kraft Foods Sues Restaurant Chain Over Plan To Expand Use Of "Cracker Barrel" Trademark

Kraft Foods, LLC has been selling cheese under the "Cracker Barrel" trademark since 1954. Meanwhile, Cracker Barrel Old Country Store, Inc., founded in 1969, operates a national chain of 621 ...
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Follow-Up: Sony Reaches Agreement With Former Spokesperson In Trademark Infringement Lawsuit

Last year, we wrote about an interesting trademark infringement lawsuit filed by Sony Computer Entertainment America LLC ("Sony") over the appearance of its former spokesperson, Jerry ...
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Does Might Make Right? NFL Takes Hardline Stance On "Harbowl" And "Harbaugh Bowl" Trademarks

On February 3rd, the National Football League's championship game – the "Superbowl" – will be played in New Orleans, Louisiana. The game, between the San Francisco 49ers and ...
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East Carolina University Files A Lawsuit Against Cisco Systems Over Use Of the Slogan "Tomorrow Starts Here"

Earlier this month, East Carolina University (ECU) filed a lawsuit against Cisco Systems, Inc. claiming Cisco unlawfully and willfully used ECU's "TOMORROW STARTS HERE" trademark as the ...
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Trademark Registrations: A Tale Of Two Registers

When seeking to register a trademark, many people do not realize that the U.S. Patent and Trademark Office actually maintains two separate trademark registers: the Principal Register and the ...
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Supreme Court: Broad Covenant Not To Sue Renders Trademark Cancellation Counterclaim Moot

As reported by Reuters, the Supreme Court has issued a decision in favor of Nike, Inc. ("Nike") in a case involving the dismissal of a trademark cancellation counterclaim. Nike filed suit ...
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The Potential Pitfalls Of Adopting A Descriptive Trademark

It can be very appealing to adopt a trademark that describes the product or service being marketed. However, descriptive trademarks bring with them significant pitfalls. The purpose of a trademark is ...
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Infringement And Counterfeiting In China Will Remain A Hot Topic In 2013

Grimes has blogged extensively about the importance of effective and cost-conscious anti-counterfeiting strategies.Recently, several of our posts have focused on the gargantuan battles trademark ...
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China Announces Intention To Eradicate "Malicious" Trademark Registrations

As reported by Reuters, China has announced plans to amend current laws to prevent companies from misusing world renowned trademarks and brands. The new measure is perhaps intended to restore the ...
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Texas A&M Quarterback Johnny Manziel Seeks To Protect "JOHNNY FOOTBALL" Trademark

In one of the most widely anticipated college football bowl games of the season, Texas A&M University will play Oklahoma University in the AT&T Cotton Bowl on Friday, January 4, 2013. The game ...
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Martha Stewart And Emeril Lagasse Sued Over Counterfeit Knives

As reported by Fox News, Martha Stewart, Emeril Lagasse and their companies, as well as the Home Shopping Network, have been sued for trademark counterfeiting in federal court in Florida by a German ...
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Court Ruling Exposes Print-On-Demand Services To Trademark Liability

In September, U.S. District Court Judge Colleen McMahon issued a decision that potentially exposes one of the most popular print-on-demand websites, CafePress.com, Inc. ("CafePress"), to ...
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Luxury Manufacturer Coach Makes Big Splash With $257 Million Judgment -- Will It Make A Difference?

In April, we wrote about True Religion's eye-popping $864 million judgment against the proprietors of over 200 websites that had been selling counterfeit True Religion merchandise. Recently, ...
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China And United States Conduct Joint Operation To Shut Down Counterfeiting Of Brand-Name Bags

As reported by China Daily and the Asian News Network, a joint operation between China and the United States has resulted in the seizure of more than 20,000 counterfeit bags with fake LOUIS VUITTON, ...
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"Blue Ivy Carter" Revisited: Was Beyonce And Jay-Z's Trademark Refused?

Earlier this year, we posted a blog regarding the trademark application filed by Beyonce and Jay-Z for BLUE IVY CARTER, the name of their newborn daughter, for a variety of goods and services. At the ...
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