Category: Trademark Enforcement

Kid Rock getting sued

The Greatest Show on Earth Files Lawsuit against Kid Rock

Ringling Bros. and Barnum & Bailey Circus ended its 150-year run as an operating circus in May 2017. The show garnered worldwide fame as “The Greatest Show on Earth”. This tagline became so synonymous with the Circus that the owners obtained a trademark registration on the phrase and even as the Circus has now ended, the trademark registration lives on. Unfortunately for Kid Rock, the owners of this trademark registration are now suing him for trademark infringement after he branded his upcoming concert tour “Greatest Show on Earth Tour 2018”. Continue reading “The Greatest Show on Earth Files Lawsuit against Kid Rock”

John Deere Trademark

John Deere Wins Trademark Lawsuit over Green and Yellow Color Scheme

Farm equipment and the John Deere Trademark go hand-in-hand. Even among the general, non-farming public, Deere is one of the most recognizable brand names. Not only is the name top of mind for most people, but so is the brand’s color scheme – green and yellow. According to its trademark registrations, this familiar look has been used by Deere as early as 1918. With nearly a century of built up brand equity, Deere is actively enforcing its trademark rights against would-be imitators and recently won a permanent injunction against a South Dakota based agricultural sprayer equipment company. Continue reading “John Deere Wins Trademark Lawsuit over Green and Yellow Color Scheme”

Harry Potter Trademark Issues

Harry Potter Festival Halted Due to Trademark Issues

J.K. Rowling created a magical world for readers of her Harry Potter books. This magic quickly spread to become one of the most valuable intellectual property assets in the world. It has spawned movies and a theme park. From small beginnings writing on napkins to a major entertainment company owning all the IP rights, the value of the Harry Potter Trademark took off at an exponential pace. With an empire now to protect, trademark infringement issues with Warner Bros. Entertainment, have forced a growing Halloween festival in Scottsville, Virginia dedicated to the world of Harry Potter to be scrapped.

Learn More About the World of Magic and Trademarks

For the past three Halloweens, Scottsville has hosted a Harry Potter Festival. It all began after a local shop transformed itself into Honeydukes, the fictional candy shop in the Harry Potter books. Momentum grew from there and the rest of the town joined in. It grew from 800 visitors in year one, to 10,000 visitors visiting last year with over 25 local shops participating. As the event expanded, local shop owners formed the “Ministry of Magic”, a group set up to plan the annual event. Local businesses transformed into several of the shops and locations described in the Harry Potter books, calling themselves after the places in the books. The event began to take on a life of its own.
Continue reading “Harry Potter Festival Halted Due to Trademark Issues”

Converse Trademark Lawsuit

Converse Wins Trademark Victory at ITC – Sort of

Converse’s Chuck Taylor shoes are one of the oldest and most recognizable athletic shoes around. Designed specifically for basketball players, the shoes were introduced in 1917. Converse says that it has sold more than a billion pairs of the shoes worldwide since then. However, even though the shoes have a long history and a distinctive look, they don’t have exclusivity on every design element incorporated into the shoe. That’s the ruling from the US International Trade Commission after Converse filed a trademark complaint with the ITC in 2014.

Continue reading “Converse Wins Trademark Victory at ITC – Sort of”

Jaws Still Too Famous To Share Trademark Space With a Cooking Show

If you were around in the 1970s when Jaws was first released, you probably thought twice about going into the ocean after seeing the thriller. Even younger generations recognize the iconic shark and have a little fear in the back of their minds. Despite or maybe because of the fear Jaws incited, the movie was a box office hit, becoming the first movie to surpass $100 million in domestic theater ticket sales. With wide viewership and an impact on beach-going behavior, Jaws left its mark on American culture. But that was 40 years ago. Is that culture legacy still relevant? According to the Trademark Trial and Appeals Board, the answer is yes. Continue reading “Jaws Still Too Famous To Share Trademark Space With a Cooking Show”

Delta Airlines

Delta Airlines Files Lawsuit Against Vacation Scammers

Delta is one of the largest airlines in the world. That’s what makes it an attractive target for trademark infringement. If you want your business to look legitimate, it helps to be associated with Delta. But if you aren’t legitimate and don’t have Delta’s permission to use its brand, you run the risk of getting sued, which is exactly where a group in Florida finds itself. Continue reading “Delta Airlines Files Lawsuit Against Vacation Scammers”

Milano Cookie

Milano Cookie Trademark: Pepperidge Farms versus Trader Joe’s

While a traditional cookie is round, they can come in all kinds of delicious shapes and sizes. A cookie that ventures outside the cookie shape norm is Pepperidge Farms’ Milano cookie. The Milano is a distinctive oval shaped cookie sandwich with chocolate in the middle. It has been a big hit for Pepperidge Farms and they intend to keep it that way. That’s why they recently filed a lawsuit for trademark infringement against Trader Joe’s alleging Trader Joe’s Crispy Cookies infringe the look and package design of Pepperidge Farm’s iconic Milano cookies. Continue reading “Milano Cookie Trademark: Pepperidge Farms versus Trader Joe’s”

Pine Tree Trademark Lawsuit

Air Freshener Trade Dress Fight: Pine Vs Palm

Everyone has seen the tree shaped air freshener dangling from a rear view mirror used to cover up the scent of stale French fries and gym clothes. Air fresheners turn out to be big business. That’s why Car-Freshener Corp of New York is suing Exotica Fresheners of Ohio for trademark infringement, claiming Exotica is knocking off its trademark look right down to the packaging and style of the writing it uses. Car-Freshener wants Exotica to stop imitating its branding and pay Car-Freshener damages for misleading consumers. Continue reading “Air Freshener Trade Dress Fight: Pine Vs Palm”

Cancellation Proceeding: Nautigirl Defeats Nautica

In David versus Goliath fashion, Christine Palmerton, owner of a small business and the brand Nautigirl, overcame a challenge to her trademark registration by mega brand Nautica. Palmerton had a U.S. trademark registration for her Nautigirl logo, which included the word Nautigirl and an image of a sassy looking sailor woman. Nautica claimed that Palmero’s brand was too similar to its brand and sought cancellation of her mark. After nearly three years of litigation and the support of a law school pro bono clinic, the U.S. Patent and Trademark Office sided with Palmerton. Continue reading “Cancellation Proceeding: Nautigirl Defeats Nautica”

Amazon Wins in Federal Court

Federal Appeals Court Sides With Amazon in Trademark Case

A panel of three federal appeals judges had second thoughts recently, changing its mind on whether Amazon would have to face trial over a trademark dispute with a watchmaker. The change in course was most likely spurred by a desire to avoid re-opening the debate over the internet “initial interest confusion” doctrine. While this decision provides relief to Amazon, watchmaker Multi Time Machine (Multi Time) probably feels a little gypped. Continue reading “Federal Appeals Court Sides With Amazon in Trademark Case”