Fighting For the Teardrop: Hershey Threatens Trademark Infringement
Crystal Broughan, Intellectual Property Attorney Oct 7, 2021 in Intellectual Property
Tag: trademarks
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 ReadingBona Fide Intent in the Future for Joy Tea and CBD
Crystal Broughan, Intellectual Property Attorney Sep 9, 2021 in Intellectual Property
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 […]
Continue ReadingTips On Consistency For Trademark Owners
Crystal Broughan, Intellectual Property Attorney Feb 25, 2021 in Intellectual Property
Consistency in the use of a trademark is extremely important to building a strong brand in commerce. It helps consumers immediately identify your business, products, and services. It creates the impression of a professional, well-organized, trustworthy company. In short, it is absolutely something you want to do. But how exactly do you do it? Consistency Starts with the Creation and Registration of the Trademark Itself When you develop a trademark – either on your own […]
Continue ReadingA Valuable Task: Trademark Clearance Searches
Crystal Broughan, Intellectual Property Attorney Feb 11, 2021 in Intellectual Property
One of the first questions I ask a new trademark client is “Did you conduct a trademark clearance search?” Sometimes the client will say they searched on Google and found no one using the mark on the internet. Other clients will tell me they went onto the United States Patent and Trademark Office (USPTO) trademark database and searched for the word mark they want to use. Unfortunately, these types of searches alone are not enough. […]
Continue ReadingWhat Exactly Does “Failure to Function as a Trademark” Mean?
Crystal Broughan, Intellectual Property Attorney Feb 4, 2021 in Intellectual Property
“Failure to function as a trademark” is one of the reasons the United States Patent and Trademark Office (USPTO) may refuse to register an applicant’s proposed trademark. What does it mean? How can this happen? Quite simply, not all words, designs, or symbols used by business owners in commerce to sell goods or services function as trademarks — regardless of the trademark applicant’s intent. A word, design, or symbol does not function as a trademark […]
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