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
Posted in: Trademark Registration
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
Posted in: Copyright Infringement
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
Posted in: Patent Infringement
MISSISSIPPI BUSINESS MAN FILES TRADEMARK FOR “N” WORD
By Joseph Mandour on August 9, 2017
Los Angeles – In June 2017, a Mississippi business owner, Curtis Bordenave, filed a trademark application to the U.S. Patent and Trademark Office for use of a racial slur—the “N” word. The goal behind the trademark filing is not to be offensive, but to change people’s perception and the meaning of the word.
Having trademark applications such as this approved only Read the rest
Posted in: Trademark Registration
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 Read the rest