California Intellectual Property Blog

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Mandour & Associates, APC – California Intellectual Property Blog

LEVI STRAUSS FIGHTS FOR TRADEMARK ON POCKET TAB

By Joseph Mandour on November 30, 2018

Los Angeles – The popular denim company, Levi Strauss, has recently sued Yves Saint Laurent on the grounds of trademark infringement regarding the tabs included on jean pockets.

One of the most classic features on Levi jeans is also one of the smallest features on their pants. Levi’s have been commonly known to have the company name printed onto a red, white, or blue tab. This tab is typically attached into the right seam of the back pocket. The question is, however, does the use of a similar tab from Yves Saint Laurent warrant trademark infringement. To make a case, Levi Strauss must be able to prove that the similarities between the two coul Read the rest

HBO HAS TRADEMARK ISSUE WITH TRUMP

By Joseph Mandour on November 12, 2018

San Diego – President Donald Trump recently published a Tweet to his Twitter account that has landed him in some hot water. The Tweet was comprised of a frozen cinematic depiction of the President with the phrase “Sanctions are Coming” in a font that brings to mind the blockbuster HBO series Game of Thrones.

HBO’s Game of Thrones series is well known for its trademark phrase: “Winter is Coming.” The phrase is known as the prediction of an army that is to sweep and conquer the land. “Winter is Coming” has been used in countless forms on social media over the years, however, HBO has indicated that they would prefer that it is not u Read the rest

TESLA FILES TESLAQUILA TRADEMARK FOR LIQUOR

By Joseph Mandour on October 17, 2018

Orange County – In April, Elon Musk made some noise on social media with his April Fools joke hinting at a Tesla-branded Tequila. Apparently it wasn’t a joke. On April 10th Tesla filed a trademark application for Teslaquila in Jamaica for “distilled agave liquor” and last week Tesla followed it up with the same filing in the United States.
In the original Teslaquila April Fool’s joke, in a twitter post Musk said that the the electric car company was going bankrupt and alluded to him being found passed out against a Tesla Model 3 surrounded by Teslaquila bottles. A few days later on Instagram, Musk posted a photo of a tequila bottle wi Read the rest

A FORMER JAGUARS NFL PLAYER CLAIMS HE OWNS THE TRADEMARK “SACKSONVILLE”

By Joseph Mandour on October 2, 2018

Los Angeles – A trademark quarrel has arisen over who owns the term “Sacksonville.” In 2015, Dan Skuta of the NFL’s Jacksonville Jaguars applied to trademark the term “Sacksonville”. The application was later abandoned in 2016. Skuta originally signed a five-year contract for $20.5 million with the Jaguars in 2015 but was later cut from the team early in 2017.
On October 18, 2017, the Jaguars filed a trademark application for #SACKSONVILLE for goods and services including shirts and entertainment services. On May 3, 2018 Skuta re-filed a trademark application for SACKSONVILLE for shirts and decals, and then on May 4, 2018 Skut Read the rest

OHIO STATE FILES AN OPPOSITION TO BLOCK OKLAHOMA'S “O” TRADEMARK

By Joseph Mandour on September 18, 2018

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 in connection w Read the rest

IN-N-OUT BURGER SENDS A CLEVER TRADEMARK CEASE AND DESIST LETTER TO A BREWERY

By Joseph Mandour on August 28, 2018

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 beer featuring a Read the rest

BILLY GOAT CHIP LOSES A ROUND IN BILLY GOAT TAVERN TRADEMARK CASE

By Joseph Mandour on August 16, 2018

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 chips in the near Read the rest

GROWTH IN CHINESE-BASED TRADEMARK FILINGS IS BECOMING A CONCERN

By Joseph Mandour on July 30, 2018

San Diego – For more than 20 years China has been the largest trademark register in the world, and the pace of filings are only continuing. The increase is party tied to overall economic growth in China. In the first quarter of 2018, China’s GDP rose 6.8 percent and is predicted to increase another 6.7 percent in the next quarter. Along with GDP, the trademark filing activity has had rapid growth. Within the past two years, China’s trademark applications have doubled.
To put the numbers into perspective, in 2017 China had ten times more trademark applications than the United States. Compared to Europe the numbers are even more surp Read the rest

NEW WALMART PATENT WILL MONITOR AND RECORD CUSTOMERS AND EMPLOYEES

By Joseph Mandour on July 18, 2018

Orange County – On July 10th, 2018, Walmart filed a patent for audio surveillance technology for quality assurance purposes. According to the patent, sound sensors will be used to collect audio data to help improve the customer experience by focusing on the details of shoppers such as how long they stand in line, beeps of the scanners, rustle of bags, and even the conversations they have.
Sam Lester, a consumer privacy lawyer for the Electronic Privacy Information Center in Washington, D.C., says, “This is a very bad idea, if they do decide to implement this technology, the first thing we would want and expect is to know which privacy expec Read the rest

GATORADE WINS THE SPORTFUEL VS. SPORTS FUEL CASE

By Joseph Mandour on June 26, 2018

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 sports drink indust Read the rest

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