Counterfeit goods is an international problem. Counterfeiting is prevalent in high-quality status goods. Fake Cartier watches made with inferior parts and unenforceable warranties selling at bargain prices are a fraud on the consumer and hurts Cartier’s reputation. “Counterfeiting is the act of producing or selling a product with a sham trademark that is an intentional
Trademark infringement claims include what is called a “false designation of origin”. A claim for false designation of origin under § 43 of the Lanham Act arises when a person uses in commerce a word, term, name or symbol, or a false or misleading description or representation of fact which is likely to cause confusion
Companies go to great lengths to protect their trademark. An action for trademark infringement under the Lanham Act also includes claims that a party is selling counterfeit goods using another party’s trademark. Those are serious claims and if found liable can result in severe statutory penalties. “To prevail on its claims under the Lanham Act
The cornerstone in trademark infringement litigation has always been determining whether a reasonably prudent consumer in the marketplace is likely to be confused as to the origin of the good or service bearing one of the marks. Confusion must be “probable, not simply a possibility”. Over the years the courts have established tests in determining
Craft breweries, distilleries and vineyards are becoming more experienced with trademark litigation after a series of lawsuits within the alcoholic beverages industry. Many trademark battles within the alcoholic beverages industry involve labeling and branding. For example, Lagunitas filed a complaint against Sierra Nevada over its Hop Hunter IPA. According to Lagunitas, the label on Sierra Nevada’s
Hoverboards have become enormously successful at two things since being released for the holiday season last year: consumer sales and causing injuries. These products are also known as battery-powered self-balancing scooters. The negative media attention surrounding hoverboards has caused manufacturers of similar products to take notice. Segway and its parent company Ninebot, along with DEKA,
Pepperidge Farm, the creator of Milano Cookies, is suing national supermarket chain Trader Joe’s over allegations of trademark infringement. The lawsuit was filed over claims Trader Joe’s had manufactured knockoff Milano cookies. Pepperidge Farm has argued Trader Joe’s Crispy Cookies look very similar to Milano Cookies. If this lawsuit were filed over regular chocolate chip cookies,
Lucasfilm has a long history of intellectual property lawsuits that shows the importance of protecting your brand. The film giant has taken on the Ronald Reagan Administration, Verizon, a dedicated fan and many others over allegations of trademark infringement. Lucasfilm once sued the Strategic Defense Initiative, otherwise known as the Star Wars Program. The Star
U.S. presidential candidate Donald Trump is famous for trademarking various phrases, and even his own name. The GOP frontrunner and real estate magnate has trademarked campaign slogans, his name, famous New York City landmarks, catchphrases from his television shows and made-up political terminology. Donald Trump trademarked Central Park, a famous New York City landmark, for
Comedian Daniel Lawrence Whitney, known by his stage name Larry the Cable Guy, has filed a trademark lawsuit against a Diamondhead gas station. The gas station, located in Mississippi, is using the catchphrase “Giterdone”, which is used by Larry the Cable Guy as part of his standup act. Whitney filed the lawsuit in the Southern District of
