The reason that companies register a trademark is to protect their name, logo, or another commercially significant identifier of their product or service. In most cases, if a trademark owner becomes aware that their trademark rights are being infringed upon by unauthorized use of their mark, or the use of a confusingly similar mark, they will often be able to resolve the dispute through a cease and desist letter. However, in other cases, when another party continues the unauthorized use, the trademark owner may need to file a claim in court against the other party for trademark infringement. Valid Mark [...]

Building your brand is one of the most important investments you will make in your company. Your brand is what distinguishes your business from competitors, and as consumers begin to associate your quality of goods and services with your business name, logo, or slogan, you will naturally want to protect your brand’s reputation and prevent others from piggybacking off of the goodwill you build. A name and/or logo is one of the first things a new business decides on after developing a new business idea. Before you start offering goods or services in commerce, you will likely invest in branding, [...]

Offensive and scandalous trademarks have been a hot topic the past few years. In 2017, we had the landmark case, Matal v. Tam, where the Supreme Court of the United States (SCOTUS) affirmed the judgment of the Court of Appeals for the Federal Circuit that the provisions of the Lanham Act prohibiting the registration of trademarks that “may disparage persons, institutions, beliefs, or national symbols” violated the First Amendment. In this case, Simon Tam applied for the trademark, THE SLANTS, which is the name for his rock band comprised of three (3) members all of Asian descent. However, the mark [...]

On behalf of The Myers Law Group posted in Trademarks on Tuesday, May 5, 2015. Sometimes potential trademark claims aren't always what they seem. The grocery chain Trader Joe's is appealing after losing a lawsuit to enforce its trademark against a Canadian individual who operates a store called "Pirate Joe's." For the past three years, Michael Hallatt has operated a grocery store that sells thousands of dollars of Trader Joe's goods in Vancouver. Mr. Hallatt opened his store in 2012, and Trader Joe's immediately contacted him to stop his operation. When he refused, Trader Joe's sued in federal court in the state of Washington. [...]

On behalf of The Myers Law Group posted in Trademarks on Thursday, April 2, 2015. Protecting intellectual property is very important in the food industry. Recently, Ina Garten, otherwise known as the Food Network cooking show host, the "Barefoot Contessa," sued a California company called OFI Imports, Inc. for selling unauthorized "look-alike" frozen dinners. Although Garten asked OFI to stop selling the dinners, which were manufactured by "Contessa Premium Foods," the company refused and eventually went out of business. Garten's lawsuit seeks to stop further sales and award damages. The food industry has provided a number of interesting examples of intellectual property disputes. For [...]