Taco Tuesday Trademark
Crystal Broughan, Intellectual Property Attorney Jun 1, 2023 in Intellectual Property
Sometimes your business does not need to register a mark to make headway in its marketing – sometimes it is more beneficial to file a Petition for Cancellation of a trademark before the Trademark Trial and Appeal Board (TTAB). This action may help if ownership of the mark by another is getting in the way of your business being able to use it, even if you do not want to keep its usage all to […]
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Trademark Infringement Case Challenges Courts to Define How the Lanham Act Applies Abroad
Crystal Broughan, Intellectual Property Attorney Apr 27, 2023 in Intellectual Property
We have talked about the Lanham Act previously in regards to how it helps define the U.S. trademark registration system. A recent case involving a U.S. company and its European distributor brings up a specific question about the Lanham Act: does it apply to international infringement? Hetronic’s Case Our focal case involves Oklahoma-based company Hetronic, a maker of radio remote controls, and their European distributor, Abitron. If what Hetronic alleges is true, one could describe […]
Continue Reading“Whiskey” Business – A Parody Dog Toy’s Continued Legal Battle with Jack Daniel’s
Crystal Broughan, Intellectual Property Attorney Apr 13, 2023 in Trademark
At the end of 2022, I wrote about the Jack Daniel’s parody toy case against Phoenix-based VIP Company. It has been ongoing for some time now, with both parties arguing their case all the way to the U.S. Supreme Court. Well, just a few weeks back, there was an update on the case, and it is worth taking a closer look at what happened. The Dispute Behind the Trademark and Toy Parody For those unfamiliar […]
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As veganism continues to grow in popularity, more consumers are becoming conscious of the impact their food choices have on their health. With an increase in demand for vegan products, more companies in the consumer market are claiming their products are vegan – even when this is not the case. Unfortunately, it can be challenging for the average consumer to know how consumer goods are grown or manufactured. That is where The Vegan Trademark comes […]
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Goth IHOP Cosplay Creator Receives Cease and Desist Over Trademark Name Use
Marks Gray Mar 16, 2023 in Trademark
A black apron featuring bloody vampire fangs and the words Goth IHOP. Does this seem like a trademark violation to you? IHOP certainly thought so when they sent OnlyFans model Candylion what she calls a “copyright strike,” which told her to stop using their trademark name. But was this the right move on IHOP’s part? Protecting Your Trademark Vs. Appearing Stodgy and Ridiculous Obviously, IHOP has every right to protect their trademark name. The company […]
Continue ReadingThe line between art made from existing products and brands has always been murky, and it is likely going to be a never ending question. Warhol’s pop culture prints. Dom Pérignon in Cédric Peers’ work. MSCHF’s “Wavy Baby” shoes. And now we can add NFT trademark infringement — NFTs using digital representations of existing trademarks — into this mix. How will such artwork be treated, legally speaking? We now have at least some precedent in […]
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