OHIO STATE FILES AN OPPOSITION TO BLOCK OKLAHOMA'S “O” TRADEMARK
San Diego – Ohio State University recently filed a Notice of Opposition opposing the University of Oklahoma’s trademark application of an image of a drum major with a block “O” on the front of the uniform. The University of Oklahoma filed the application on December 7, 2017.
In the opposition filed with the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, Ohio State claims that the block letter “O” has been used on its uniforms and merchandise since 1898. The opposition states that the block letter “O” is the “heart of the branding and image of Ohio State and is used Read the rest
IN-N-OUT BURGER SENDS A CLEVER TRADEMARK CEASE AND DESIST LETTER TO A BREWERY
Orange County – Last week, Irvine, California based In-N-Out Burger sent a pun-filled cease and desist letter to Seven Stills Brewery & Distillery located in San Francisco suggesting that the brewerey “hop to action” to clear up a “brewing” trademark issue “in good spirits.”
In-N-Out Burger reached out after hearing of the upcoming release of Seven Stills Brewery & Distillery’s new beer called “In-N-Stout.” The brewery recently used Instagram to promote the new beer, describing it as a barrel-ages milkshake stout and tagged In-N-Out Burger’s account. Within the promotion was an image of the be Read the rest
BILLY GOAT CHIP LOSES A ROUND IN BILLY GOAT TAVERN TRADEMARK CASE
Los Angeles – In December 2017, Chicago’s Billy Goat Tavern filed a trademark infringement lawsuit against the St. Louis’ Billy Goat Chip Company related to use of the “Billy Goat” name on products. Billy Goat Tavern, founded in 1934, is a popular hang-out spot that gained some fame after it’s appearance on “Saturday Night Live.” Billy Goat Chip Company recently filed a motion to dismiss the lawsuit but it was denied by U.S. District Judge Robert Dow Jr.
The tavern currently sells branded beer and frozen burgers in local grocery stores. According to the lawsuit, Billy Goat Tavern has plans to begin selling potato chi Read the rest
GATORADE WINS THE SPORTFUEL VS. SPORTS FUEL CASE
Los Angeles – In August 2016, SportFuel filed a lawsuit against PepsiCo, Inc. subsidiary Gatorade for trademark infringement over Gatorade’s use of the SportFuel trademark in a marketing campaign. Now, two years later Gatorade has prevailed and will be allowed to continue its campaign.
SportFuel provides nutritional products and services to its clients including the Chicago Blackhawks, the Rockford IceHogs, and more from the small town of Western Springs, Illinois. SportFuel was founded in 1993 by Julie Burns who registered the SportFuel trademark with the U.S. Patent and Trademark Office in 2008.
Gatorade created the spor Read the rest
SESAME STREET SUES OVER “NO SESAME. ALL STREET” TRADEMARK IN MOVIE TRAILER
San Diego – Sesame Workshop, founder of the children’s show “Sesame Street,” has filed a lawsuit in federal court in New York against STX Productions over use of its trademark in a movie trailer. The offending movie is titled “The Happytime Murders” which is a romp centered around puppets being killed. It stars Melissa McCarthy, Maya Rudolph and Joel McHale.
Sesame Workshop claims that the movie trailer has left the Sesame brand tarnished. The lawsuit continues to say that the movie trailer does not uphold Sesame Workshop’s message and uses the Sesame Street brand without authorization at the end of the trailer when Read the rest
TRADER JOE’S FIGHTS THE TRADEMARK TRADER SCHMO
Orange County – Recently a Kosher foods company has applied to trademark the name “Trader Schmo,” which is being opposed by the supermarket chain Trader Joe’s. Part of the reasoning behind the opposition is that Trader Joe’s believes that the phrase “Joe Schmo” is so recognized that Trader Schmo will confuse consumers, especially with both companies selling food.
Trader Joe’s began in 1958 and is based in Monrovia, California. There are 475 Trader Joe’s retail grocery stores in forty one states across the country. Trader Joe’s also uses trademarks similar to its core trademark including TRADER MING’S (Chines Read the rest
LEBRON JAMES’ COMPANY SUED FOR TRADEMARK INFRINGEMENT
Los Angeles – LeBron James’ company, Uninterrupted, is being sued by Sebastian Jackson’s company, Adventure Enterprise, for trademark infringement. Jackson claims that Uninterrupted infringed his barbershop theme and “Shop Talk” trademark when creating the show “The Shop.” The Show made its debut during the 2017 NBA season and features LeBron James, Draymond Green, Charles Oakley, 2 Chainz, and others.
The barbershop themed shows both include guest speakers who talk about past experiences and success stories as they get their hair cut. Jackson trademarked the “Shop Talk” concept in 2016, listing it as an “organization of events f Read the rest
BELIEVELAND FILES TRADEMARK COMPLAINT AGAINST BELIEVELAND BEER FESTIVAL
Orange County – On March 27th, 2018, the Believeland website filed a trademark complaint against Cleveland’s Believeland Beer Festival for unauthorized use of the “Believeland” name. Believeland is a sports website that reports on sports news and sells apparel since 2008. The website owns three trademarks for the term “Believeland,” including for entertainment services and merchandise such as apparel and cups. Believeland originates from the Cleveland Browns football team.
Believeland Beer Festival was founded by Nathan Barnhart and Elaine Lau who have also planned events like the Rocky Run. By day, the married couple runs a busi Read the rest
STONE BREWING SUES MILLERCOORS OVER “STONE” TRADEMARK
San Diego – On Monday, February 12th, 2018, San Diego based Stone Brewing filed a lawsuit against MillerCoors for allegedly infringing the “Stone” trademark. According to Stone Brewing, during the rebranding of Keystone, MillerCoors has used the “Stone” trademark to potentially steal the customers and reputation of Stone Brewing.
Last April, the new Keystone cans were introduced with the word “Stone” standing out in capital letters. Later, Stone Brewing’s Greg Koch stated that MillerCoors was “deliberately creating confusion in the marketplace.” Koch continued to say MillerCoors was not only jeopardizing Stone Brewing’ Read the rest
BARSTOOL SPORTS THREATENS NFL WITH TRADEMARK LAWSUIT
Los Angeles – Founder Dave Portnoy of Barstool Sports is ready to sue the NFL over an alleged trademark infringement. Barstool Sports has sold shirts, flags and other apparel with the phrase “Saturdays Are For The Boys.” The NFL recently began selling shirts that include the phrase “Sundays are for the Boys” which is in reference to the Dallas Cowboys.
Apart from the Cowboys, the NFL is also selling shirts that include the phrase “Sundays Are For The [Team Name]” with each team name. Barstool Sports believes that the shirts are a play on the verbiage used by Barstool Sports.
Barstool Sports and the NFL have a rocky relationship Read the rest