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Tag: trademark

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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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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Four Reasons a Business Should Register a Brand Name as a Trademark

Your brand name is valuable. A brand name that has been registered as a trademark is even more valuable. Here are a few reasons why. A Certificate of Registration from the USPTO Provides Powerful Legal Protection By registering your trademark, you will be able to seek legal recourse if: Another company uses your brand name or something very similar A counterfeiter imports and offers goods or services under your brand name or something very similar […]

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What You Can and Cannot Register as a Trademark

Your business, your ideas, and your art are important to you. You have spent years dreaming up these ideas. And sharing them with the world increases the risk that someone could copy what you have created. One powerful way to protect your work is filing for trademark registration. But you cannot register a trademark for just anything.  Learn the rules of what is and is not possible to register as a trademark before you file […]

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A Tale of Tasty Tacos Shows the Importance of a Strong Trademark

Tasty tacos. It is a meal people enjoy eating… and now it’s making trademark history.  This story is an excellent lesson in why a business should choose a strong trademark and not a merely descriptive trademark. In 1961, Richard and Antonia Mosqueda opened Tasty Tacos, Inc., a Mexican restaurant that became known for high-quality Mexican food in Des Moines, Iowa. They registered the trademark, TASTY TACOS, with the United States Patent and Trademark Office (USPTO) […]

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