News & Resources

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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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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Questions to Help You Build a Trademark Application Strategy

Thinking about filing a trademark application for your business’s logo or name? Do you have a strategy for success? Or is your plan to slap together an application and pray for success?  If you want to be successful in obtaining a trademark registration, it usually takes some careful thinking to develop a good strategy.   Consider some of these factors prior to completing a trademark application: What is the basis for the trademark application? In other […]

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Yes, There Really Is a Trademark Battle over “Kentucky” Going On

You probably intuitively know that state names are closely intertwined with the universities and athletic teams that reside within them. It is also understandable that the state itself (the government) might want to use the state name for branding efforts. Because of this, one might assume that the overlap of marks is a given — and that both parties would approach it with generosity. Yet it seems that the University of Kentucky has taken a […]

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You Say “Louis,” I Say “Chewy”: Distinguishing Tarnishment from Blurring

Written By Guest Author, Marks Gray Summer Law Clerk Corrine H. Bowden What do Louis Vuitton luxury handbags have in common with “Chewy Vuiton” dog toys?  According to the Fourth Circuit, not enough.  The court’s November 2007 ruling in favor of the underdog in Louis Vuitton Malletier S.A., v. Haute Diggity Dog, LLC made what has proven to be a lasting impact on trademark law. The opinion also outlines a thorough dilution analysis revolving around […]

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