29 Jan 2014
As Super Bowl Sunday approaches, more and more commercials reference the “Big Game” in attempt to boost sales by indirect association with the hugely popular finale to the American football season. Watch enough television leading up to the Super Bowl and you might begin think that the only products sold in all of the United...
20 Jan 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...
9 Dec 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...
4 Dec 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...
27 Nov 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...
5 Oct 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...
12 Sep 2013
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...
15 Aug 2013
Victoria Espinel, intellectual property chief at the White House, has stepped down from her official position as of August 9, 2013. Espinel was the first person to ever serve as the official intellectual property enforcement officer at the White House, a position that was established through Congressional legislation in 2008 but was not filled until...
22 Jul 2013
The New York Times blog has an article by Joseph E. Stiglitz, revisiting the Supreme Court’s decision on gene patents. As he writes in specific relation to the gene patent case, “the case was a battle between those who would privatize good health, making it a privilege to be enjoyed in proportion to wealth, and...
22 Jul 2013
Las Vegas was one of the major American cities to be hit hardest by the global recession of 2008. People aren’t in a hurry to gamble away what little money they have in a depression, and this substantially affected Las Vegas tourism for the past couple of years. However, it seems that the famous city...
22 Jul 2013
One of the most remarkable developments of the past few years has been 3D printing, a system that can literally print a solid object using only a design and some plastic polymers. The applications for such a device are seemingly endless. It can print cheap food for impoverished third world nations and solve world hunger!...
12 Jul 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....