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The Trademark Color Rainbow

The Trademark Color Rainbow

What do UPS, Tiffany, and 3M have in common? Chocolate brown trucks, robins-egg blue colored jewelry boxes, and canary yellow sticky notes. Chocolate brown, robins-egg blue, and canary yellow. Color, color, color is the answer of course! These are the distinctive colors that these prominent companies use to identify themselves. It may be more apt …

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?

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. …

In Re Pennington Seed, Inc. on Trademark/Generic Designation

In Re Pennington Seed, Inc. on Trademark/Generic Designation

On October 19, 2006, the U.S. Court of Appeals for the Federal Circuit upheld the Trademark Trial and Appeal Board’s (the Board) decision to deny registration of the mark “Rebel” for grass seed on the grounds that the mark is a generic designation of the seed and therefore not entitled to registration. Pennington Seed, Inc. …

Defense of Laches Bars Tillamook Creamery’s Trademark Infringement Claim Brought 25 Years After First Notice

Defense of Laches Bars Tillamook Creamery’s Trademark Infringement Claim Brought 25 Years After First Notice

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court ruling that defendant’s request for an injunction on a theory of trademark infringement under 15 U.S.C.S. § 1114(1) was barred by laches. Tillamook Country Smoker v. Tillamook County Creamery Association, Case No. 04-35843 (9th cir., Oct. 11, 2006). Defendant Tillamook County Creamery …

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