Intellectual Property Blog

Dolly Parton Faces Opposition from Dolly Madison in Trademark Classification

One would think that Dolly Parton can have whatever trademark registration she likes. The singer’s multi-decades career almost guarantees recognition by a majority of the US population — if not the world.  However, a current dispute between the singer and Dolly Madison, an American Bakery brand owned by Hostess Brands, illuminates trademark classification and opposition… and why Parton might have to back down on this one. Dolly’s Signature Mark Early last year, Dolly Parton filed […]

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Fighting For the Teardrop: Hershey Threatens Trademark Infringement

Hershey Co. has threatened a trademark infringement lawsuit against a California keto-cookie brand known as The Cookie Department. The alleged infringement stems from a shape that most of us know (and some of us love), the iconic teardrop shape of a chocolate chip. As part of its trademark infringement claim, Hershey asks that The Cookie Department: Halt using the chocolate chip shape in its packaging and online map symbols Hand over profits received through this […]

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Termination Rights: Are Original Marvel Illustrators and Writers Entitled to a Piece of Disney’s Profits?

Currently, Disney faces multiple termination of copyright notices filed on behalf of five comic writers and artists of the original Marvel Comics.  The artists (or their heirs) claim that they played pivotal development roles in creating characters like Spider-Man and Iron Man. Even though Disney owns Marvel, these writers and artists want to take back the copyrights for their characters. Bottom line, this means once the creators own the copyright they could receive a percentage […]

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One Trademark Scammer Caught! Many More To Go

Trademark scammers abound in the marketplace. Their aim: to defraud legitimate trademark owners who have taken the time to register their trademarks with the USPTO.  I have warned clients and potential clients for years about these scams. Recently, one scammer was actually caught and prosecuted by the U.S. Attorney’s Office in the U.S. District Court for South Carolina. What the Scam Was and What Happened After the Scammer Was Caught Viktors Suhorukovs defrauded approximately 2,900 […]

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Library of Congress National Book Festival

Do you like reading books? Do you prefer the smell of a page to the glow of a Kindle?  Then you might be interested in the National Book Festival scheduled for September 17-26, 2021. The Library of Congress hosts this annual festival, and it is a wonderful event to attend. Due to the pandemic, the festival is virtual this year. To attend, check out the National Book Festival website. This year, the theme is “Open […]

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Bona Fide Intent in the Future for Joy Tea and CBD

More states throughout the country are legalizing cannabidiol (“CBD”), a chemical component of the cannabis plant used for medicinal and recreational purposes. You can find it in balms, supplements, drinks, and food. A question regarding trademark has come up in the wake of these changing laws. Can producers and sellers of CBD products assert a bona fide intent to use a trademark in commerce? The snarl is that their goods are likely prohibited under federal […]

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