California Intellectual Property Blog

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Mandour & Associates, APC – California Intellectual Property Blog

TOM BRADY CAN’T GET TOM TERRIFIC TRADEMARK

By Joseph Mandour on August 30, 2019

San Diego – Six-time Super Bowl champion Tom Brady of the New England Patriots has failed in his attempt to trademark the nickname “Tom Terrific.” While Mr. Brady believed that the outcome would be in his favor, the United States Patent and Trademark Office (USPTO) denied his request. It was revealed that the USPTO denied Tom Brady’s request because the nickname was already associated with Tom Seaver, the former pitcher for the New York Mets.

The USPTO stated that it denied the application because the “Tom Terrific” nickname would falsely suggest a connection between Mr. Seaver and Mr. Brady. The USPTO stressed that Tom Seaver wa Read the rest

SOUR PATCH KIDS FILES TRADEMARK LAWSUIT AGAINST THC-INFUSED “STONEY PATCH” BRAND

By Joseph Mandour on August 13, 2019

Los Angeles – Mondelez Canada Inc., the creator of the sour gummy candy Sour Patch Kids, has filed a trademark lawsuit against an apparent knockoff called “Stoney Patch”. While Sour Patch Kids are clearly for kids, Stoney Patch is THC-infused candy. Mondelez also takes issue with the fact that the Stoney Patch brand gummies share a striking resemblance to their Sour Patch Kids.

This lawsuit highlights a disturbing trend among THC-infused edible food companies which are creating edibles that are packaged in a way that makes them appear to be candy. In the complaint that Mondelez filed with the US District Court for the Central Di Read the rest

YOSEMITE GETS ITS TRADEMARKS BACK IN SETTLEMENT AGREEMENT

By Joseph Mandour on July 26, 2019

Los Angeles – The historical names that once were a part of Yosemite National Park, such as the Ahwahnee Hotel and Curry Village, are being brought back to their former glory following a legal settlement in a lengthy trademark lawsuit.

Delaware North registered trademarks for the names of the historic sites within Yosemite National Park during its 25-year run as the park’s former concessionaire. Recently to end litigation regarding alleged trademark infringement after Yosemite changed to a new concessionaire, Delaware North agreed to relinquish the claimed ownership of the trademarks for $12 Million.

The trademark claims, which p Read the rest

AMAZON SUED FOR TRADEMARK INFRINGEMENT BY PRIME TRUCKING COMPANY

By Joseph Mandour on July 11, 2019

Orange County – The use of the word “Prime” on Amazon’s trucks has led to a trademark infringement lawsuit. On July 2nd, 2019, a Missouri-based trucking company, Prime Inc., filed a lawsuit in federal court in the western district of Missouri.

Prime Inc. claims to have notified Amazon of the trademark infringement more than two years ago through written correspondence, as well as proceedings that Prime Inc. initiated through the Trademark Trial and Appeal Board. Amazon has continued to use the Prime markings on its trucks and other vehicles for commercial use. Prime is claiming that Amazon’s actions amount to unfair c Read the rest

KAWHI LEONARD SUES NIKE FOR COPYRIGHT INFRINGEMENT OF HIS LOGO

By Joseph Mandour on June 26, 2019

San Diego – Kawhi Leonard, the small forward for the recently crowned champions Toronto Raptors, has filed a copyright lawsuit against Nike. In the lawsuit, Leonard claims that Nike has taken a design that Kawhi created and registered it with the U.S. Copyright office and used it all without his authorization. Leonard also claims that the sports apparel company threatened to sue him for using it on his merchandise.

Leonard began a partnership with Nike in 2011 as part of a multi-year endorsement deal. The deal allowed Nike to use Leonard’s Logo during the tenure of the partnership and endorsement. While Leonard allowed Nike to use the lo Read the rest

LEGO FILES LAWSUIT FOR TRADEMARK INFRINGEMENT

By Joseph Mandour on June 13, 2019

San Diego – Lego has filed another lawsuit against a manufacturer of figurines similar to those produced by Lego. This time the defendant is Connecticut based Lakeshore Learning Material which has also been accused copyright infringement.

Lego, which is based in Denmark, believes that the potential harm to their brand is unquantifiable. Lego alleges that the damage done from the unauthorized copies of its trademarked figurines will be significant. Lego believes that Lakeshore has copied the “Minifigure” design that is trademark and copyright protected, to create figurines that are incredibly similar to that of Lego’s. The &# Read the rest

AMAZON ALEXA PATENT WILL RECORD EVEN BEFORE WAKE WORD

By Joseph Mandour on May 30, 2019

Los Angeles – If you’ve already had concerns about your privacy when it comes to Amazon’s Alexa devices or other smart speakers, don’t read this. Presently, Amazon’s smart speaker devices are engaged when you say “Alexa,” or whatever you set the wakeword to be. For example, if you said, “Alexa, shuffle Adele,” the speaker would start recording what you said after “Alexa” to get the information needed to process your request. This means that the device will only send your recorded voice to Amazon’s servers after you activated the device. Functioning under these restrictions provides a relatively formal system of communicating with a machin Read the rest

DECKERS GETS MAJOR WIN IN “UGG” BOOTS TRADEMARK LAWSUIT

By Joseph Mandour on May 16, 2019

Orange County – In a lawsuit that has gone on for three years, a small Australian bootmaker has recently lost a decision and has been ordered to pay $450,000 for trademark infringement. The case involves the popular “UGG” trademark and footwear design owned by United States-based Deckers Outdoor Corporation. Deckers filed the lawsuit in March of 2016 on the claim that Sydney-based Australian Leather had willfully infringed upon the trademark by selling sheepskin-lined boots also referred to as an “Ugg.”

Deckers’ UGG boot generates over $1 billion in annual revenue for the American company. The infringing boots in question were sold i Read the rest

PATAGONIA SUES ANHEUSER-BUSCH OVER PATAGONIA BEER TRADEMARK

By Joseph Mandour on April 23, 2019

San Diego – Anheuser-Busch InBev recently launched a beer called Patagonia. The popular outdoor clothing retailer by the same name is claiming that consumers will be confused into thinking that the beer has something to do with the clothing company which it does not. Thus far Anheuser-Busch InBev has not backed down and so Patagonia has filed a trademark infringement lawsuit.

Patagonia was founded in California in 1973 and has grown into one of the leading outdoor retailers known for its role as being a leader in environmental activism. Two years ago Patagonia sued President Trump after he attempted to limit protected national lands. In P Read the rest

GIGI HADID SUED FOR POSTING A PHOTO ON INSTAGRAM

By Joseph Mandour on April 12, 2019

Los Angeles – Supermodel Gigi Hadid has been sued for copyright infringement for posting a photo of herself on Instagram. The lawsuit involves a photo that was taken by the paparazzi. The complaint states that Hadid used the photo without permission of the owner Xclusive-Lee, Inc.

Thus far Hadid is fighting the case. Her copyright attorney states that the claim is meritless and should be thrown out due to fair use. Thus they are planning a motion to dismiss. Read the rest

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