Smucker’s Claims Trademark Infringement of the Crustless Sandwich – But Gallant Tiger Bites Back
Crystal Broughan, Intellectual Property Attorney Jan 12, 2023 in Intellectual Property
If you have been a reader of my blog for a while, you have learned that businesses can register a trademark for a distinctive shape of product or packaging. And they can defend that registration by claiming trademark infringement if it seems likely that consumers will confuse one brand for another brand. But are similar shape and type of product enough to verify that consumers will be confused? Smucker’s is riding a current lawsuit against […]
Continue ReadingNew Year Tips for Business Owners
Crystal Broughan, Intellectual Property Attorney Jan 5, 2023 in Business' Intellectual Property
Happy New Year, and welcome to 2023! I consulted with Mitch Ghaneie, our patent attorney, and Logan McEwen, our trusty and brilliant associate Intellectual Property attorney, to put together our handiest list of intellectual property suggestions for business owners as we start a new year. These recommendations are based on our experiences with clients and potential clients, plus the challenges we face as IP attorneys. Protect All Intellectual Property (IP) Assets Make sure your company […]
Continue ReadingBanksy Defends His Art Against Guess Copyright Infringement
Crystal Broughan, Intellectual Property Attorney Dec 16, 2022 in Copyrights
If an artist’s message revolves around anti-commercialist values, is it hypocritical for them to employ copyright law to protect their own work? A swirl of questions like this surrounds a recent copyright infringement case involving Banksy and Guess. The mysterious, anonymous artist has been fighting the fashion giant to stop using his work on their clothing without his permission. Not Copyright Infringement: Guess Claims They Had “Legal Rights” to Use Banksy’s Work The fashion retailer […]
Continue ReadingTrademark Lawsuit: New vs. Founding Band Members of Autograph
Crystal Broughan, Intellectual Property Attorney Dec 8, 2022 in Trademark
The histories of bands are often fraught with volatile dynamics between members. Sometimes these dynamics rise to the surface in public lawsuits, especially when it comes to band ownership, royalties, and live show profits. This makes sense – a popular band can serve as a very valuable IP asset, bringing in thousands of dollars or more per year as fans buy into shows, recordings, and band merchandise. The situation can become even more complicated when […]
Continue ReadingCase about a Jack Daniel’s Parody Toy May Set New National Standards
Crystal Broughan, Intellectual Property Attorney Dec 1, 2022 in Trademark
“The Old No. 2, on your Tennessee Carpet.” “43% Poo By Vol.” “100% Smelly.” Those are just a few of the quotes employed by Phoenix-based business VIP for their “Bad Spaniels” dog toy. They are meant to evoke and parody Jack Daniel’s famous “Old No. 7” label of whiskey by using similar language to describe a dog that behaves badly. If you saw that language on a dog toy, would you think that it came […]
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