California Intellectual Property Blog

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NEW BALANCE WINS $1.5 MILLION TRADEMARK CASE IN CHINA

By Joseph Mandour on August 25, 2017

San Diego – New Balance won a trademark infringement case in China against three Chinese shoemakers that were held to be infringing on New Balance’s signature slanting N logo. The case is notable because this is the largest trademark infringement award ever granted to a foreign business in China.

This is not only a win for New Balance, but the decision paves the way for other foreign companies in China who continue to face the same struggles with intelle Read the rest

PIEROGI FEST TRADEMARK BATTLE HEATS UP

By Joseph Mandour on August 3, 2017

San Diego – A pierogi is a delicious savory dumpling part of Polish heritage. It’s also the center of a trademark dispute between a Chamber of Commerce and Hometown committee separated by 700 miles in Pennsylvania.

The pierogi takes center stage in the names of two Polish cultural festivals complete with parades, vendors, games, and other activities. There’s the Pierogi Fest in Whiting, Pennsylvania and the Edwardsville Pierogi Festival in Edwardsville, Pennsylva Read the rest

KROGER’S TRADEMARK INJUNCTION REQUEST AGAINST LIDL IS DENIED

By Joseph Mandour on July 27, 2017

Los Angeles – The Private Selection versus Preferred Selection trademark battle between grocery giants Kroger and Lidl will proceed, as a federal judge in Richmond Virginia has denied Kroger’s preliminary injunction request.

The issue at play is over alleged trademark infringement over the company’s logos for a sub-set of their products. Kroger has a logo for its “Private Selection” brand, found on more than 1,000 of its products. Lidl has a logo for its “Pre Read the rest

NIKE OPPOSES ROB GRONKOWSKI’S TRADEMARK APPLICATION

By Joseph Mandour on July 12, 2017

San Diego – Last year New England Patriot TE Rob Gronkowski’s company, Gronk Nation L.L.C, filed a trademark application of a silhouette of the NFL star doing his signature “end zone spike.” In response, Nike has filed a formal opposition with the US Patent and Trademark Office Trial and Appeal Board requesting that Gronk’s application be denied.

Nike claims that the Gronk Spi Read the rest

FOREVER 21 SUES GUCCI, ATTEMPTS TO HAVE TRADEMARKS CANCELLED

By Joseph Mandour on July 6, 2017

Los Angeles – Los Angeles based fast-fashion company Forever 21, filed a lawsuit against the internationally famous Italian design house Gucci last week. This lawsuit is the latest development in a series of lawsuits by and against Forever 21.

The dispute between Gucci and Forever 21 began in October of 2016, when the Italian company sent a cease and desist letter to Forever 21. In the letter, Gucci demanded that Forever 21 cease all sales of certain garments, specificall Read the rest

PAYPAL CLAIMS TRADEMARK INFRINGEMENT OVER THE PANDORA APP LOGO

By Joseph Mandour on May 25, 2017

San Diego – The famous online payment app, PayPal, is suing the famous online music streaming app, Pandora, for trademark infringement and trademark diffusion. The lawsuit, which was filed in Manhattan federal court, is in reaction to Pandora’s change of its logo late last year.

Trademark dilution varies from standard trademark infringement in that it focuses on famous trademarks. The law forbids the use of trademarks that are similar enough to a famous Read the rest

FARADAY BICYCLES SUES FARADAY&FUTURE ELECTRIC CAR COMPANY FOR TRADEMARK INFRINGEMENT

By Joseph Mandour on May 2, 2017

Los Angeles – Faraday Bicycles, Inc. is suing a Los Angeles, California based electric car startup company, Faraday&Future Inc., over alleged trademark infringement. The lawsuit was filed in the Northern district of California last week. This is the latest development in nearly a year and a half of conflict over the trademark.

Faraday Bicycles, which was purchased by Pon Holdings in January 2017, registered its Faraday trademark in 2013 and has been using the trademark since 2012. Faraday&Future applied for its Faraday Future trademark for “Concept cars and motor vehicle prototypes” in 2015. The United States Patent and Trademark Office denied the ap Read the rest

KFC FILES LAWSUIT TO PROTECT FINGER LICKIN’ GOOD TRADEMARK

By Joseph Mandour on April 19, 2017

San Diego – Two years ago, Brain Mastrosimone bought 70 acres of land along Canadaigua Lake in New York. Canadaigua Lake is just one of many lakes in upstate New York collectively known as the Finger Lakes. Mastrosimone’s plan is to develop the property with a little bit of every type of business he can think of. His plans for development include a brew hub, pavilion, and even a sunflower patch. He has even developed a slogan for the family owned business, “Finger Lakin’ Good.”

National fast food chain, KFC Corporation, does not appreciate the new slogan. KFC is suing Mastrosimone for alleged trademark infringement of its famous Finger Lickin’ Good slogan. Acc Read the rest

MEXICAN RESTAURANTS BATTLE OVER “DAMN GOOD TACOS” TRADEMARK

By Joseph Mandour on April 13, 2017

Orange County – A Fort Collins, Colorado based Mexican restaurant named Dam Good Tacos is being sued for trademark infringement by a Texas restaurant chain named Torchy’s Tacos. Torchy’s Tacos claims that Dam Good Tacos is confusing customers by using a name that is identical to its Damn Good Tacos tagline.

In 2015, Torchy’s Tacos received a federal trademark registration for Damn Good Tacos which claims a 2006 date of first use. The chain had been operating solely Read the rest

JIMMY BUFFETT WINS TRADEMARK DISPUTE OVER MARIJUANAVILLE

By Joseph Mandour on April 6, 2017

San Diego – Jimmy Buffett and his Margaritaville brand empire recently won another trademark dispute. This time, the Trademark Trial and Appeal Board ruled against Colorado based entrepreneur, Rachel Bevis, who was attempting to register “Marijuanaville” for her cannabis based retail products and clothing store. The judge ruled that both trademarks leave a similar impression of “a chemically induced mental paradise.”

The brand “Margaritaville” come Read the rest

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