Fighting For the Teardrop: Hershey Threatens Trademark Infringement
Crystal Broughan, Intellectual Property Attorney Oct 7, 2021 in Intellectual Property
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 […]
Continue ReadingOne Trademark Scammer Caught! Many More To Go
Crystal Broughan, Intellectual Property Attorney Sep 23, 2021 in Intellectual Property
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 […]
Continue ReadingQuestions to Help You Build a Trademark Application Strategy
Crystal Broughan, Intellectual Property Attorney Sep 2, 2021 in Intellectual Property
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 […]
Continue ReadingYes, There Really Is a Trademark Battle over “Kentucky” Going On
Crystal Broughan, Intellectual Property Attorney Aug 27, 2021 in Intellectual Property
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 […]
Continue ReadingYou Say “Louis,” I Say “Chewy”: Distinguishing Tarnishment from Blurring
Crystal Broughan, Intellectual Property Attorney Aug 5, 2021 in Intellectual Property
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 […]
Continue ReadingTips for Business Owners: Registering Your Company Name as a Trademark – The Importance of Classes
Crystal Broughan, Intellectual Property Attorney Jul 8, 2021 in Intellectual Property
Clients often tell me they just want to “trademark” the name of their company — using trademark as a verb. I explain that the company name is the trademark, and that they need to register the trademark with the United States Patent and Trademark Office (USPTO). During the trademark application process, the client must tell me what product(s) or service(s) they are providing in commerce using that trademark. Sometimes, the client responds, “I just want […]
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