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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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Doctrine of Tacking Key in Trademark Win for Defendant Hana Bank

Doctrine of Tacking Key in Trademark Win for Defendant Hana Bank

December 04 2013

Last week, I wrote an article discussing the disputed Cracker Barrel moniker in use by Kraft Foods Group, Inc. and Cracker Barrel Old Country Store. In it, I noted “if you want to avoid unnecessary and costly legal action, make sure your brand is unmistakably yours.” A court decision released in late November drove home …

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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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