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Trademarks: Sometimes Calling It Quits Is the Best Course of Action

Trademarks: Sometimes Calling It Quits Is the Best Course of Action

January 20 2014

Last year, the Supreme Court handed down a decision in a trademark case that in essence had nothing to do with trademarks. The original battle at the lower court was over a line of shoes and trademark owned by Nike called Air Force 1s, which another company, Already, claimed was an invalid trademark. Already designs …

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Petronas v. GoDaddy.com: No Contributory Liability for Cybersquatting Under the ACPA

Petronas v. GoDaddy.com: No Contributory Liability for Cybersquatting Under the ACPA

December 09 2013

In a case involving the Anti-Cybersquatting Consumer Protection Act (the ACPA), the Ninth Circuit Court agreed with a lower court’s decision that the ACPA does not provide a cause of action for contributory cybersquatting. Under the ACPA, cybersquatting is defined as registering, trafficking, or using a domain name with bad faith intent to profit from …

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Court Affirms Preliminary Injunction Against Food Sales Infringing Trademarked "Cracker Barrel" Name

Court Affirms Preliminary Injunction Against Food Sales Infringing Trademarked "Cracker Barrel" Name

November 27 2013

Kraft Foods Group, Inc. (KRFT), a company whose mention instantly conjures up images of arguably delicious and unfortunately lactose-filled cheese, recently obtained a preliminary injunction stopping Cracker Barrel Old Country Store (CBRL) from selling food products in grocery stores using the Cracker Barrel moniker. To simplify matters, the court and the relevant parties acronymized Cracker …

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In re City of Houston: Cities try (and fail) to trademark their seals

In re City of Houston: Cities try (and fail) to trademark their seals

October 05 2013

The United States Trademark and Patent Office (USPTO) recently refused registrations for trademark filed by the city of Houston, Texas and the District of Columbia, which sought to register marks that included official government seals. The court cited Section 2(b) of the Lanham Act, which prohibits registration of a proposed trademark that consists of or …

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Tiffany & Co.: One Ring to Rule Them All…and Forever Bind them in Litigation?

Tiffany & Co.: One Ring to Rule Them All…and Forever Bind them in Litigation?

July 12 2013

Much to my dismay, this article has nothing to do with elves, goblins, or trolls, but an epic legal battle is looming on the horizon, and it may bring new meaning to the oft repeated phrase, “One ring to rule them all”, made famous by celebrated author of The Lord of the Rings trilogy, J.R.R. …

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