Trademark Infringement

Company Files Action against Obama’s MyRA Plan Alleging Trademark Infringement

By Mandour & Associates, APC on October 16, 2014

white_houseOrange County – A company that markets individual retirement accounts has filed a trademark infringement lawsuit against the U.S. government due to the use of the term “myRA” in connection with a savings account program proposed by President Obama for individuals who have just started saving up for retirement. The Kentucky-based company, My Retirement Account Services, LLC, has a registered trademark since 2011 for “” to use for its marketing of self-direct individual retirement accounts. Read the rest »

Twitpic Resurrected Following Twitter Trademark Dispute

By Mandour & Associates, APC on September 26, 2014

twitterOrange County – Twitpic, the image-sharing service on Twitter, announced that it would be shutting down earlier this month due partly to a trademark dispute with Twitter. However, this week Twitpic was acquired and now it will continue to stay in business. Twitpic made the announcement about its closure following a trademark battle with Twitter, which had threatened to cut off the image-hosting site’s access to its application programming interface (API). The Twitpic site was utilized by many to upload photos to Twitter. Read the rest »

Hershey Files Trademark Lawsuit against Candy Importer

By Mandour & Associates, APC on September 16, 2014

candy-reesesSan Diego – There’s nothing sweet about the federal lawsuit The Hershey Company has filed against a candy importer accusing it of infringing famous Hershey trademarks and trade dress. Hershey claims that LBB Imports LLC is bringing in candy that was manufactured overseas and wrapping it in packaging that is similar to Hershey’s most popular brands of candy such as Reese’s, York, Cadbury, Rolo and Kit Kat. Read the rest »

Former NFL Star Shawne Merriman Takes on Nike Over Use of “Lights Out” Trademark

By Mandour & Associates, APC on May 7, 2014

Closeup of American Football on FieldSan Diego – According to a complaint filed recently in U.S. District Court, former NFL player Shawne Merriman is suing Nike for its use of the phrase “Lights Out,” alleging trademark infringement and unfair competition. In the court filings, the standout linebacker details how he sought federal trademark protection of the phrase back in 2007 and how he has been using it since even before that. Read the rest »

Johnny Manziel Scores Trademark Rights to “Johnny Football”

By Mandour & Associates, APC on April 3, 2014

Trademark RegistrationOrange County – Texas A&M Football star Johnny Manziel landed a big victory this recently as the United States Patent and Trademark Office (USPTO) handed down a final refusal against a company that sought trademark rights to the name “Johnny Football.”  The 21 year-old standout quarterback filed his own trademark application for Johnny Football on February 2, 2013 in relation to clothing and entertainment services, including motivational speaking.  Another company, however, had already filed the same trademark application earlier in 2012.  As a result of that filing, Manziel’s own application was suspended pending the disposition of the prior filed application.

Read the rest »

Good-for-you Snack Bars Face Off in Trademark Battle

By Mandour & Associates, APC on February 27, 2014

Granola-bar-thumb-200x133-81431 San Diego – According to documents filed in the U.S. District Court for the Southern District of New York, the maker of KIND snacks is suing Clif Bar & Company for trade dress infringement over its soon-to-be released Mojo Bars. Kind LLC alleges that Clif unlawfully copied the design and packaging of its product line, making small changes over time to ultimately create a product that looks confusingly similar to KIND snacks. Read the rest »

New Facebook App Provokes Trademark Fight Over “Paper”

By Mandour & Associates, APC on February 21, 2014

Trademark LitigationOrange County – Facebook has ruffled the feathers of design app company FiftyThree, Inc. with its launch of its new standalone social media app called Paper.   Paper by FiftyThree, Inc. issued a statement on its website and also sent a formal letter to Facebook, asking Facebook to stop use of the name.  In response, Facebook has apologized that the makers of the drawing app were not notified earlier, but that it has no plan to discontinue the use of the word Paper from its app. Read the rest »

Big Money at Stake Over “12th Man” Trademark in Football

By Mandour & Associates, APC on February 13, 2014

Trademark Infringement Orange County – Lately, it has been hard to miss the reigning Superbowl Champion Seattle Seahawks’ “12th Man” signs, banners and cheers across TV, the internet, and social media. Popular as it may be, the term famously associated with the Seahawks was originally coined by the student body of Texas A&M University, with the school going so far as to federally register the “12th Man” trademark in 1990. Now, with the Seahawk’s recent success and accompanying use of the phrase, licensing negotiations between the athletic organizations are heating up. Read the rest »

Microsoft Backs Down from British Broadcaster in Fight for SkyDrive Trademark

By Mandour & Associates, APC on February 7, 2014

Microsoft Los Angeles – In a likely effort to shift attention away from the fact that it has thrown in the towel on a major trademark dispute, Microsoft is rolling out a new campaign surrounding the rebranding of its SkyDrive cloud storage system.  The service will now be called OneDrive and comes at the end of a drawn out struggle over the SkyDrive name.

Read the rest »

Kate Spade Scores Big Win in “Saturday” Trademark Dispute

By Mandour & Associates, APC on January 21, 2014

Trademark InfringementOrange County – A federal judge’s ruling kicked 2014 off to a good start for Kate Spade.  The holding cleared the high end retailer’s new brand “Saturday” from allegations of trademark infringement brought by a men’s apparel company called Saturdays Surf NYC.  The dispute began when Kate Spade filed a request for declaratory judgment that its Saturday brand did not infringe Saturdays Surf NYC.  In response to the filing, Saturdays Surf LLC, filed a counterclaim citing trademark infringement on the part of Kate Spade’s Saturday. Read the rest »