California Intellectual Property Blog

Mandour & Associates, APC – California Intellectual Property Blog

MOOSEHEAD SUES HOP’N MOOSE FOR TRADEMARK INFRINGEMENT

By Joseph Mandour on November 10, 2017

Orange County – Moosehead Breweries is the oldest independently owned Brewery in Canada. The moose is an established icon for Moosehead which is a family-owned company founded in 1867. Moosehead owns multiple U.S. trademark registrations for “moose” and “moosehead” as well as moose-based images all for use related to beer.

Hop’n Moose Brewing Company LLC opened a brewpub named Hop’n Moose in downtown Rutland, Vermont in 2014. Its distribution is small, only selling canned beer in 15 stores in the area. Because the company uses “moose” in its name, as well as an image of a moose for the brand name, Moosehead Breweries h Read the rest

EMINEM WINS COPYRIGHT LAWSUIT AGAINST NEW ZEALAND POLITICAL PARTY

By Joseph Mandour on October 31, 2017

Los Angeles – A judge recently held that a New Zealand political party infringed on Eminem’s “Lose Yourself” copyright when it used a song that sounded very similar to Eminem’s hit. The song was used in a 2014 election advertisement. The judge awarded Eminem’s publishing company $415,000 after deciding that the song the National Party purchased from a stock music library was substantially similar to Eminem’s song.

The infringing song’s title is labeled as “Eminem-esque” which likely did not help the defendant. “Lose Yourself” received the 2003 Academy Award for Best Original Song and is one of Rolling Stone’s 100 Gr Read the rest

GOOGLE WINS GENERICIDE TRADEMARK CASE

By Joseph Mandour on October 19, 2017

San Diego – Google recently won a lawsuit which challenged the validity of the Google trademark. Under U.S. trademark law, trademark rights are lost when a trademark becomes the generic name for the goods or services for which it is used. Several brand names have succumbed to this tragic occurrence known as genericide.

Formerly protectible trademarks that lost trademark rights are aspirin, escalator, thermos, and kleenex.

In Elliott v. Google, t Read the rest

BANANA SUIT COSTUME SPARKS SCARY HALLOWEEN COPYRIGHT LAWSUIT

By Joseph Mandour on October 4, 2017

Orange County – Banana suit costumes are a popular favorite for Halloween, and it turns out there’s big money in them. Enough so that Kmart and Rasta Imposta are entrenched in a copyright lawsuit over a banana suit which is a registered U.S. copyright.

For nearly a decade since 2008, Kmart has been purchasing costumes from costume manufacturer Silvertop Associates which does business as Rasta Imposta. However, this year Kmart and Rasta Imposta failed t Read the rest

JAGUAR LAND ROVER FILES TRADEMARK APPLICATIONS TO PROTECT APPEARANCE OF VEHICLES

By Joseph Mandour on September 27, 2017

Los Angeles – Jaguar Land Rover filed five trademark applications between April and September 2016 in hopes to protect the shape of its vehicles. The design most recently called in to question is the Land Rover Defender after Jim Ratcliffe, billionaire owner of Ineos, is looking to release a similar vehicle.

Ineos is a company chiefly focused on chemicals, so it seems questionable that they are attempting to wedge their way into th Read the rest

FEDERAL JUDGE REFUSES TO DISMISS SAN DIEGO COMIC-CON TRADEMARK CASE

By Joseph Mandour on September 19, 2017

San Diego – The Trademark case between San Diego Comic-Con and Salt Lake Comic Con is now moving toward trial. After Salt Lake Comic Con filed a Motion for Summary Judgment claiming that Comic Con was a generic term, U.S. District Judge Anthony Battaglia refused to dismiss the trademark case citing lackluster evidence to support such a claim.

San Diego Comic-Con is Read the rest

STARBUCKS UNICORN DRINK TRADEMARK LAWSUIT IS AMICABLY RESOLVED

By Joseph Mandour on September 11, 2017

Los Angeles – Starbucks, the largest coffee chain in the world, released a unicorn themed Frappuccino for a limited time between April 19th and 23rd of this year. Unicorn themed foods and products have been trending across social media the last couple of years so it is no wonder Starbucks took the opportunity to jump into the fray. However, Starbucks was not the first to create a commercially sold unicorn themed beverage. v

Unicorn themed foods ar Read the rest

IN-N-OUT SUES SMASHBURGER FOR TRADEMARK INFRINGEMENT

By Joseph Mandour on August 30, 2017

Orange County, California – Infamous burger joint In-n-Out Burger, which originated in Baldwin Park, California in 1948, is suing its new lead competitor Smashburger for a trademark infringement. In-N-Out is currently headquartered in Irvine, California and has 326 locations. Smashburger is a gourmet burger restaurant that started in Denver, Colorado in 2007 and has quickly grown to over 300 locations as well.

While Smashburger is still a new chain, it has gained popularity quite rapidly due to its gourmet and regionally diverse burgers. To date, Smashburger already has more than 370 locations in 37 states and 9 countries.

In-N-Out ha Read the rest

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 s Read the rest

CROCS DENIED PATENT FOR PLASTIC SHOE DESIGN

By Joseph Mandour on August 17, 2017

Orange County – Crocs, the footwear company based out of Colorado, appears to be losing any hope to achieving a design patent on its well-known plastic shoes. It has taken 10 years for the U.S. Patent and Trademark Office to officially reject Crocs’ design patent application. Crocs’ patent had been rejected twice before but Crocs has now received a third rejection.

Despite it being Crocs third rejection, Crocs still may attempt to appeal the Read the rest

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