Earlier this year, Trader Joe’s brought a lawsuit against Hallatt, alleging trademark infringement, trade dress infringement, trademark dilution and unfair competition. Trader Joe’s claims that Hallatt: (i) is selling unauthorized products bearing the registered TRADER JOE’S trademark; (ii) utilizes a store design and logo that are similar to that of Trader Joe’s; and (iii) is unfairly profiting from Trader Joe’s h
Category: Intellectual Property Law
U.S. Government Takes Baby Steps Toward Curbing Litigation By Patent Assertion Entities (Patent Trolls)
The U.S. Government is at least taking some small steps towards addressing PAEs. In a news release distributed today (September 27, 2013), the U.S. Federal Trade Commission (FTC) announced that it will seek public comments on the agency’s proposal to gather information from PAEs. Popular use of the term PAE appears to have originated with the FTC – although the definition of a PAE and what is popularly known as a pat
Fifty Shades Of Wine? Merchandise Licensing Strategies For Book Brands
Authors considering a merchandising program should be aware that a single book title cannot be registered as a trademark. See, Trademark Manual of Examining Procedure § 1202.08. Only the name of a series of books may be registrable if it serves to identify and distinguish the source of the goods. Authors seeking to develop a merchandising program based on their books should ensure that the intended trademark does
Beware: Domain Name Registration And Trademark Scams Continue To Haunt Trademark Applicants And Brand Owners
We have seen an uptick recently in scammers targeting brand owners. Typically, scammers target potential victims through emails from seemingly “official” foreign government departments or entities that declare another individual or entity is attempting to claim rights in and to the victim’s brand, either by applying to register for trademark protection or attempting to register a domain name. Scammers invent various
Hotly Contested Issues Arise In Landmark Copyright Termination Case
Last week, we reported here about a recent copyright termination case involving Victor Willis, the lead singer and co-writer of many of the Village People’s most popular songs. We explained that the case is noteworthy because it is the first major dispute involving the termination of a grant of copyright rights in music under Section 203 of the Copyright Act, which became effective in 1978. Thus, the issues raised
Subway Loses Trademark Dispute Over Proposed “Footlong” Trademark
As reported by Bloomberg BNA, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) has rejected an attempt by Doctor’s Associates, Inc., the parent company of “Subway” restaurants, to register “FOOTLONG” for “sandwiches, excluding hot dogs.” Doctor’s Associates filed a trademark application to register “FOOTLONG” in 2007. The application was opposed by numerous restaurants, including She
Reminder: Grimes LLC To Host INTA Roundtable On Social Media In Norwalk, Connecticut on October 23
Grimes LLC will be hosting an International Trademark Association (INTA) roundtable on October 23, 2013. The topic is: “Whose Content is it Anyway? IP Issues in Social Media”. The INTA roundtable will cover a variety of relevant topics, such as using social media in business, ownership of content, spotting risks and threats to intellectual property rights, addressing and mitigating such risks and threats and devel
Termination Right Effective In Landmark Music Copyright Case
Mr. Willis’s case is particularly noteworthy because it is the first major contest involving the termination of a grant of copyright rights in music under Section 203. That provision, which went into effect as of January 1, 1978, permits authors to terminate copyright grants after 35 years, provided they abide by certain statutory requirements. Significantly, another provision, effective the same date, extended cop
Marvel Settles Copyright Infringement Dispute Over “Ghost Rider” Character
Marvel Comics has reached an agreement to settle a copyright infringement litigation brought by a comic book writer who claims that he created the “Ghost Rider” character that has appeared in Marvel’s comic books. The settlement would resolve claims that have been pending for five years.Work for hire agreements should be clearly drafted and, to the extent possible, identify the specific works and rights that are cov
With The Music Industry Looking For New Revenue Streams And Creative Ways To Strengthen Brands, Expansive Merchandising Strategi
In the market for a Dave Matthews Band shoulder-bag or a Rihanna perfume? Although they may seem like strange bedfellows, musicians and bands are increasingly looking to creative merchandising strategies to add revenue and strength their brands.
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