California Intellectual Property Blog

Mandour & Associates, APC – California Intellectual Property Blog

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

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

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

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 Read the rest

AMAZON’S MEAL KIT TRADEMARK FILING NEGATIVELY IMPACTS BLUE APRON

By Joseph Mandour on July 20, 2017

Orange County – In the latest Amazon empire expansion, on July 6, 2017 the company filed a trademark application for meal kits. The trademark application is for “We do the prep. You be the chef.” and is for a convenient service whereby frozen and prepared kits including meat, vegetables, pasta, etc. are delivered to your door. The trademark also covers a loyalty rewards program offering points and coupons for loyal customers. This potential service is great n 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 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 cer Read the rest

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