Functional »
Groeneveld v. Lubecore: Trademarks Protect Brands, Not Product Functions
Groeneveld sued Lubecore arguing that Lubecore was selling a grease pump that was “virtually identical” to its own pump. According to Groeneveld, Lubecore was attempting “to confuse consumers into believing that the two pumps
Read More »Louboutin Red Sole Trademark Partially Reinstated on Appeal
And then the other shoe dropped. As blogged about previously here, the United States District Court for the District of New York denied a motion for preliminary injunction requested by high fashion shoemaker Christian
Read More »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
Read More »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
Read More »