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Yellowbook v. Brandeberry: Can you sell your a trademark and then continue to use it?
Steven Brandeberry operated a phonebook business under the name AMTEL. In 2002, Brandeberry sold his phonebook business to Barney White who then sold the business to Yellowbook. In 2009, Brandeberry decided to start up
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Eastland Music v. Lionsgate: Can a movie title infringe the name of music group?
Eastland Music Group owns the registered trademark Phifty-50, the name of a rap duo. Eastland also claims a trademark in 50/50. Lionsgate released a dark comedy in 2011 titled 50/50 starring Seth Rogen and
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Miller's Ale House v. Carolina Ale House – Is copying a competitor's name, décor, and layout fair competition or infringement?
Miller’s Ale House has approximately fifty locations primarily in Florida. Each location has a geographically determined name (e.g. a street, a town, a district) followed by the phrase Ale House. One location located in
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Already v. Nike - You Cannot Invalidate a Trademark After the Trademark Case is Settled
Nike sued Already, LLC dba YUMS (“Already”) alleging that Already’s “Soulja Boys” and “Sugars” shoes infringed or diluted Nike’s Air Force 1 shoe design trademark. Already filed a counter-claim to invalidate Nike’s trademark. In
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Oriental v. Cooperativa: How long is too long to wait to sue a trademark infringer?
Oriental Financial Group (“Oriental”) began using the mark COOP ORIENTAL in Puerto Rico in 1964. Two years later, in 1966, Cooperativa de Ahorro Y Crédito ORIENTAL (“Cooperativa”) began using the same COOP ORIENTAL mark
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When is Paris, not in France? In Re Miracle Tuesday
Miracle Tuesday, LLC filed an intent-to-use trademark application for the stylized mark JPK Paris 75 for sunglasses, wallets, handbags and purses, travel bags, suitcases, belts, and shoes. Because the applicant is a U.S. company,
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Hank Rearden - Trademark rights to a fictional comapny and character
In Rearden LLC v. Rearden Commerce, Inc., 683 F.3d 1190 (9th Cir. 2012), two companies, both inspired by the Hank Rearden character in Ayn Rand’s novel, Atlas Shrugged, fought over the right to use
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Maker's Mark Locks Up Dripping Red Wax as a Trade Dress for Alcohol
In Maker’s Mark Distillery, Inc. v. Diageo North America, Inc., ___ F.3d. ___ (6th Cir. 2012), Marker’s Mark sued Jose Cuervo for trade dress infringement for including a red wax seal on its Reserva
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National Chamber Servicemark Found Descriptive… of National Chamber of Commerce Services
The United States Court of Appeals for the Federal Circuit in the case In Re Chamber of Commerce, 675 F.3d 1297, 102 U.S.P.Q.2d 1217 (Fed Cir. 2012) upheld a Trademark Trial and Appeal Board
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Where the Rubber Meets the Road: Tire Trademarks
The Federal Circuit in Bridgestone v. Federal Corp., 10-01376, 2012 BL 61825 (Fed. Cir. Mar. 16, 2012) found Federal’s mark MILANZA for tires likely to be confused with Bridgestone’s marks for POTENZA and TURANZA
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