Trademark Infringement Claims Involving a Non-US Company

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. [...]

2021-10-13T15:42:10+00:00May 5th, 2018|

Don’t Believe Everything You Hear About Yeezy’s International War

On behalf of The Myers Law Group posted in Trademarks on Wednesday, April 11, 2018. Did you hear about the international battle between Kanye West and a Chinese company? Celebrity news websites TMZ and PEOPLE reported that the famous musician turned fashion designer was strapping on his "fightin' shoes" in order to go toe-to-toe with Fujian Baby Network Technology Co., a clothing company in China. West, who sells shoes and clothing under the name "Yeezy," was reported to have dropped the ball by failing to keep his trademark paperwork up-to-date. The news publications stated that the heated battle began when Fujian Baby swept in [...]

2022-11-03T16:23:32+00:00April 11th, 2018|Tags: , |

Issues Faced by the Food Industry

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 [...]

2021-10-13T15:44:56+00:00April 2nd, 2018|

A clash of beer and intellectual property rights

On behalf of The Myers Law Group posted in Trademarks on Thursday, December 14, 2017. A recent legal step taken by Anheuser-Busch proves that someone in its legal department has a great sense of humor. Normally, when a small business copies a name from a large corporation, it can expect to be slapped with a nasty cease and desist -- "stop, or else!" -- letter from a corporate lawyer. When a small brewery in Minnesota released a new craft beer, the "Dilly Dilly" Mosaic Double IPA, on December 1, it got a response from Anheuser-Busch that had a lot of people laughing. Dilly dilly [...]

2023-07-12T14:43:21+00:00December 14th, 2017|Tags: |

Doubling down in the fast food world

On behalf of The Myers Law Group posted in Trademarks on Monday, September 18, 2017. There is a trademark battle sizzling between two hamburger restaurants. On one side is In-N-Out, a long-standing and popular burger joint based in Newport Beach, California. On the other is the up-and-coming Smashburger company based in Denver, Colorado. The hamburger lawsuit This August, In-N-Out filed a lawsuit against Smashburger for trademark infringement. In-N-Out claims it has been using the trademark phrase DoubleDouble to describe its sandwiches since 1963. In 1966, it trademarked the phrase TripleTriple. In-N-Out also holds state and national trademarks for Double-Double, Triple Triple, and Quad Quad burgers, in addition to trademarks 2 x 2 and [...]

2021-10-13T16:24:22+00:00September 18th, 2017|Tags: , |

Small time café sues Starbucks for trademark infringement

On behalf of The Myers Law Group posted in Trademarks on Friday, July 14, 2017. This is not a story about unicorns and rainbows, at least not the kind your children want. This is much more sinister than that. Did you try a limited edition Unicorn Frappuccino from Starbucks in April? If you did, you took a sip of an allegedly illegal drink. The birth of the Unicorn Latte Late last year, a small coffee shop in Brooklyn brewed the perfect drink to suit their health-conscious, hipster clientele. The colorful "Unicorn Latte" is not caffeinated but contains such healthy ingredients as ginger, lemon juice, [...]

2021-10-13T16:30:07+00:00July 14th, 2017|Tags: |

Kardashians Dash to Block Blac Chyna from Trademarking Their Name

By The Myers Law Group posted in Trademarks on Friday, December 23, 2016. It is no surprise that the Kardashians are always in the news. This time the companies of Khloe, Kourtney, and Kim have filed an opposition to Blac Chyna's registration for the trademark, Angela Renée Kardashian-her future married name once she marries Rob Kardashian. With Rob and Chyna's on again/off again relationship status the matter could end up being irrelevant, but read on to learn about the current Kardashian debacle. The companies allege that the Kardashian brand will "suffer damage including irreparable injury to their reputation and goodwill" if Blac Chyna were [...]

2023-08-16T09:57:27+00:00December 23rd, 2016|

NBA AND NHL TRADEMARK BATTLES:

By The Myers Law Group posted in Trademarks on Friday, December 16, 2016. Michael Jordan Scores a Win in China's Highest Court The majority of Michael Jordan's victories have been on the basketball court, but now he can add a victory that took place at China's highest court to his list of accomplishments. After four long years, Mr. Jordan won a landmark trademark case against Qiaodan Sports Company, a company that he has accused of profiting off his name. How? Qiaodan is the Mandarin transliteration of "Jordan". The customer confusion is easy to understand. The Qiaodan storefront features the silhouette of a basketball player [...]

2021-10-13T16:42:32+00:00December 16th, 2016|

What every business needs to know about trademark basics

On behalf of The Myers Law Group posted in Trademarks on Monday, June 13, 2016. If you run a business, you want your products or services to stand out to potential customers in order to maximize your sales and profits. Developing a trademark is one way that your business can accomplish this. Trademarks are protections for the name and marking a business will use for advertising and promotion. They are normally considered valid whether a trademark registration has occurred or not, but registering the mark with the Patent and Trademark Office (PTO) offers extra legal protection, especially if a conflict arises where one of your competitors [...]

2023-08-16T09:57:05+00:00June 13th, 2016|Tags: , , |

The Benefits of Federal Trademark Registration

On behalf of The Myers Law Group posted in Trademarks on Monday, August 10, 2015. A trademark (or service mark) is a source identifier for goods and/or services. Under trademark law, a trademark owner receives basic trademark rights in a mark simply by using that mark in commerce. However, the rights one receives based upon use without registering are limited to the geographic area in which the use has occurred. So, for example, if a trademark owner has only sold in a single state, their rights would be limited to that state and adjacent areas that would be considered within the zone of natural [...]

2021-10-13T16:52:40+00:00August 10th, 2015|
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