Fair Use »

Using Someone's Slogan is Not Fair Use

Using Someone's Slogan is Not Fair Use

mark June 5, 2013 0

As blogged about previously here, a motivational services business Own Your Power Communications owed by Simone Kelly-Brown sued Oprah Winfrey and several of her companies for producing numerous publications, events, and online content using

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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 v. Carolina Ale House – Is copying a competitor's name, décor, and layout fair competition or infringement?

mark February 17, 2013 0

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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Oriental v. Cooperativa: How long is too long to wait to sue a trademark infringer?

Oriental v. Cooperativa: How long is too long to wait to sue a trademark infringer?

mark December 29, 2012 0

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

When is Paris, not in France? In Re Miracle Tuesday

mark October 25, 2012 0

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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National Chamber Servicemark Found Descriptive…  of National Chamber of Commerce Services

National Chamber Servicemark Found Descriptive… of National Chamber of Commerce Services

mark May 10, 2012 0

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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How do you Pronounce Gallo?

How do you Pronounce Gallo?

mark January 28, 2012 0

Ernest Gallo and Julio Gallo founded their famous winery in 1933.  Their Gallo wine (pronounced gal-lo) is well-known all over the United States. Cerveza Gallo (pronounced gai-yo, i.e. the Spanish word for rooster) is

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Does the service mark Brewskee-Ball infringe the trademark Skee-Ball?

Does the service mark Brewskee-Ball infringe the trademark Skee-Ball?

mark December 30, 2011 0

Skee-Ball, Inc. the owner of the Skee-Ball brand of games — popular at amusement arcades for more than 100 years — filed a trademark lawsuit against Full Circle United (“Full Circle”), a company that

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Lady Gaga?  Never Heard of Her

Lady Gaga? Never Heard of Her

mark September 30, 2011 0

On September 26, 2011, Stefani Germanotta, better known as Lady Gaga, and one of her companies, Ate My Heart Inc. sued Excite Worldwide LLC a company which is trying to trademark LADY GAGA and

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Court Rules Louboutin's Red Soles are Fashion, not a Trademark

Court Rules Louboutin's Red Soles are Fashion, not a Trademark

mark September 3, 2011 0

A federal court in New York has ruled that designer Christian Louboutin (“Louboutin”) does not have the exclusive right to make women’s designer shoes with red soles. In 2008 Louboutin registered a trademark (Reg.

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Redskins tell Washington Post to Cease and Desist using Redskins Name

Redskins tell Washington Post to Cease and Desist using Redskins Name

mark March 20, 2011 0

In what must be one of the stranger cease-and-desist requests in recent memory, the Washington Redskins have reportedly demanded that its home-town newspaper the Washington Post cease and desist using the name “Redskins” as

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