San 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 »
San 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 »
Orange 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.
Orange 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 »
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 »
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.
Orange 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 »
Los Angeles – The family that rose to fame for maintaining their rough country, traditional lifestyle despite becoming millionaires are now fending off a lawsuit over a recently launched line of wines. The Robertsons, who star in the hugely popular reality TV show Duck Dynasty, have added appropriately titled “Duck Commander” wines to their wide array of merchandise, which includes apparel, books, toys and even guns. The wines come in three varietals – a chardonnay, a red blend and a moscato – and are currently sold across the country at Walmart.
California – San-Diego based ShareTV has landed a huge victory with a federal court judge awarding the company the rights to use the sharetv.com domain name. Read the rest »
Orange County – Famed high-end brand Burberry scrambled last week to appeal a decision made by China’s Intellectual Property Office to cancel protection of its iconic tartan plaid design. The UK-based fashion house immediately challenged the loss of protection, which was handed down in one of its biggest Asian markets. China alleged that Burberry had failed to make specific use of the Trademark for the three year statutory period and concluded that the protection of the design had expired. Read the rest »