Category: Trademark

Jameson Irish Whiskey Trademark Lawsuit Settled

A name dispute has been settled between Jamieson Ranch Vineyards of California and the more famous Jameson Irish Whiskey. The legal battle over their similar names was dropped when Jamieson convinced Jameson that it had no plans to ever make spirits. The case originated in February when Jameson sent Jameison a cease-and-desist order. The Irish

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What is Default Judgment in a Trademark Infringement Case?

A defendant is generally given 20 to 30 days to respond to a complaint. If the complaint is ignored or not responded to by the deadline, then the plaintiff is allowed to ask for a default judgment. Plaintiffs can then present evidence supporting their complaint and then the court can make a default judgment. In

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What is the Doctrine of Aesthetic Functionality in Trademark Infringement?

A.V.E.L.A., Inc. and Fleischer Studios, Inc. are in a major legal battle over a well-known cartoon character from the 1930s and 1940s. Namely, Betty Boop. Despite being 70 years removed from her glory days, she still commands enough interest to attract lawsuits over trademark infringement. Fleischer Studios, which was created in the 1970s by the family

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Why Did Glu Mobil Take Hothead to Court for Trade Dress Infringement?

Hothead’s game app Kill Shot is beating Glu Mobile’s game app, Deer Hunter, by eight spots in a list of Apple’s top-grossing games for the iTunes App Store. However, Hothead could lose to Glu Mobile in a copyright and trade dress infringement lawsuit. The argument by Glu Mobile is that the games are identical, except that Kill Shot

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How Can I Fight Cybersquatters?

In 1999, Congress passed the Anti-Cybersquatting Consumer Protection Act (ACPA) as an amendment to the Lanham Act.  The bill defined cybersquatters as people who register a trademark with “bad faith intent to profit” from it, or anyone who traffics in “protected” domain names. The ACPA is being invoked in the case of Petrolium Nasional Berhad,

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Rival Energy Companies Battle Over Domain Name

Choose Energy Inc., an alternative energy company working out of San Francisco, is accusing the American Petroleum Institute (API) of using market confusion to damage its brand. ChooseEnergy.com is a website that allows customers to explore different energy options, like wind and solar power. The site also creates pricing comparisons to show the difference between

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Converse Accuses Multiple Retailers of Trademark Infringement

Popular shoe designer Converse has filed more than 20 trademark infringement lawsuits against K-Mart, Wal-Mart and other retailers for selling knockoffs of its design. The lawsuit accuses various companies of ripping off the iconic striped toe-guards of Converse’s Chuck Taylor All Stars, one of the company’s most popular designs. Fashion trademark lawsuits are usually between

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Are Internet Memes Subject to Copyright Infringement?

Even though they seem free and open to use, internet memes are subject to the same copyright laws as any general advertisement. Therefore, a company wishing to profit from a trademarked meme should get an appropriate license to use any photo, video or music in a standard advertisement. There may be an exception if the

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How Do I Know If My Business Is Being Trademark Bullied?

An article in Business News Daily has brought light to the subject of trademark bullying. If a business is being trademark bullied, it means a trademark owner that is a larger business is using its monetary and legal resources to stop a smaller business from using trademarks that could cut into the larger business’ profits. In other

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Novelty Company Sues A&E for Trademark Infringement

A&E is facing a trademark infringement lawsuit based on a popular Duck Dynasty quote, according to The Inquisitr. Court documents state the conflict all started when Uncle Si, one of Duck Dynasty’s cast members, said, “My favorite color is camouflage.” A&E then used the popular phrase to sell t-shirts and other merchandise. Fort Pierce-based Hajn LLC

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