For any business owner, the potential costs associated with a trademark dispute battle can be extremely high. For some startups, the idea of entering into a legal fight over the right to use a mark is simply out of the question due to limited resources. There’s a new trend on the rise that is changing … Read more
Justice is blind, at least theoretically. Frequently we see big-guy versus little-guy cases end overwhelmingly in favor of the big-guy due to sophisticated legal tactics utilized by teams of lawyers. In the face of such resources, it’s easy to understand why David toppling Goliath was the upset of the millennium. But even with such scenarios, … Read more
In this article, we will discuss the trademark conflict between Brewery Vivant, a micro-brewery and producer of “Farmhand” French farmhouse-style ale, and Tired Hands Brewing Company, maker of “Farmhands” Belgian saison style ale. The purpose of this case study is to demonstrate the importance of trademark in a crowded marketplace where strong brand and product … Read more
Trademark disputes are inevitable. Every year, the United States Patent & Trademark Office (USPTO) processes hundreds of thousands of trademarks applications. The fact that the country isn’t currently engulfed in an epidemic of legal trademark disputes is a testament to how efficient the application screening process at the Trademark Office is. Contrary to popular belief, … Read more
In the following article, we will outline a trademark infringement case involving a coffee shop and agents for the New York State Department of Economic Development. The purpose of this case study is to help illustrate what can happen to businesses and business owners who neglect to conduct a trademark search before deciding to use … Read more
Many business owners fail to take the time to determine whether the name they have chosen for their product or business is actually available for them to legally use. In the following article, we will outline a trademark infringement case involving two educational institutions. The purpose of this case study is to help illustrate what … Read more
In the music industry, a name is a more than just a name. It’s a brand. As with any brand, owners will protect their rights at any cost. There’s a tacit significance in crafting a band name because it has the potential to be iconic, like the Ramones or the Beatles. People in bands spend … Read more
In this article, we will discuss the trademark conflict between Cadbury, international confectioners who sought to trademark their signature purple packaging, and Nestlé, who sought blockage of the registration. The purpose of this case study is to demonstrate the importance of clearly identifying and explicitly articulating a strong, durable trademark when seeking registration, in order … Read more
The United States Patent and Trademark Office (USPTO) has millions of active trademark registrations. In 2019 alone, they issued just over 201,000 trademarks in the United States. That’s an impressive number, given that each of these marks is unique. But the increased number of marks also creates a problem. With so many companies trying to … Read more
In the last 20 years, the U.S. craft brewing industry has grown nearly fivefold. Every year hundreds of new craft breweries join the fray, giving Americans more libation choices than ever before. Go into any bottle shop or liquor store and you’ll find a variety of beers that extend far beyond the basic Budweiser, Coors, … Read more
In this article, we will discuss the trademark dispute between a collection of Greek fraternal organizations and Thomas Kenneth Abraham, a vendor of items bearing the logos of said organizations. The purpose of this case study is to demonstrate the importance of proactive and timely enforcement of trademark rights. In addition, the study will mention … Read more
In this article, we will discuss the trademark conflict between Research Group 3, an off-road motorcycle racing suspension company, and their shared trademark with Robert Griffin III, “RG3”. The purpose of this case study is to demonstrate how two seemingly conflicting trademarks can reach a coexistence agreement based on the distinct nature of their commercial … Read more
In this article, we will discuss ongoing litigation between the social media service, Pinterest, and a travel planning startup, Pintrips. The purpose of this case study is to demonstrate potential avenues for trademark infringement and what complaints the infringed party can bring against violators. Furthermore, the study will demonstrate the need for a trademark search … Read more
Every year companies across the country enter costly legal battles over trademark disputes. The following post highlights four of the biggest trademark disputes in recent history. Motorola v. Xoom Corp Motorola, now a subsidiary of Google, is a smartphone and tablet manufacturer. The products all run on Google’s Android operating system, and have slowly become … Read more
A boy, a dog, and a nickname: that’s how the trademark dispute between Duke University and the estate of iconic actor John Wayne began. When Marion Morrison was a child in the early 1900s, his family owned an 80-pound Airedale Terrier named Big Duke. Young Marion disliked his own given name but reveled in the nickname … Read more
On the face of it, the rules behind the use and protection of a trademark are obvious. Once a trademark is registered, other companies are prevented from using it as part of their branding, corporate, or marketing strategies. But it doesn’t always work out that way. The truth is that trademark laws can be complicated. … Read more