Category: Trademark Enforcement

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Don’t Mess with Texas – State Wins Alamo Trademark Dispute

Always remember the Alamo – at least when it comes to branding. If you don’t, the state of Texas may come after you for trademark infringement.

That’s what happened after two beer manufacturers took their trademark dispute to federal court. Alamo Beer sued Old 300 Brewing for trademark infringement claiming Old 300’s use of the outline of the Alamo infringed on its federal trademark registration. While these two groups battled it out, they received an unexpected challenge. The state of Texas stepped in and asserted its own trademark rights to the Alamo. A federal judge agreed with Texas and now both beer companies will need a license from the Texas General Land Office to continue use of the image of the Alamo. Continue reading “Don’t Mess with Texas – State Wins Alamo Trademark Dispute”

4 Stripes you’re out! Adidas Sues Designer Marc Jacobs

Adidas has been around for a long time and spent a lot of money promoting its 3 stripe logo. Part of its strategy to protect its brand includes trademark registration. The German company owns numerous U.S. trademark registrations on the various incarnations of its brand. So when fashion designer Marc Jacobs recently released a line of clothing that included 4 stripes down the sleeve, Adidas’ trademark attorneys quickly went into action, filing a trademark infringement lawsuit in Oregon federal court.
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Under Armour Sues Salt Armour

240px-Under_armour_logo.svgSporting apparel and equipment manufacturer Under Armour, has rapidly grown into a heavy hitter in the athletic gear market.  Started in 1996 by University of Maryland football player, Kevin Plank, out of the back of his car, the company has grown to challenge the likes of Nike and Adidas.  Part of the company’s explosive growth has been due to marketing and branding.  Before hitting the big time, Plank wisely filed a trademark application on Under Armour in 1996, which received a trademark registration in 1999.  Armed with this trademark registration and a desire to protect the brand, Under Armour recently filed a lawsuit against Salt Armour, Inc. for trademark infringement. Continue reading “Under Armour Sues Salt Armour”

Sak’s Fifth Avenue Threatens Snaks Fifth Avenchew

Carrie Sarabella must have a sense of humor. She is the entrepreneur behind SNAKS FIFTH AVENCHEW, an organic doggie treat manufacturer. The play on the brand Saks Fifth Avenue is pretty clever. The department store doesn’t see it quite the same way however, as it sent cease and desist letters to the New Jersey based Sarabella. This wasn’t enough to make Sarabella roll over though and it appears that Saks is now backing down from its challenge.

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Lucasfilm Opposes “Empire Strikes Bock” Trademark Application

Perhaps more than any other movie or movie series in history, the Star Wars franchise has heavily influenced popular culture. Several generations have grown up with the characters and new generations will continue to do so as new movies are planned for release. That is why it is not too surprising that a brewery in upstate New York named Empire, chose to call one of its beers “Strikes Bock”. Empire Strikes Bock is a clever name for a beer, but after Empire filed a trademark application on the name, it drew the ire of Lucasfilm. The Star Wars Studio recently filed an opposition to the trademark application alleging permitting registration of the mark for ale will create a likelihood of confusion and will dilute Lucasfilm’s trademark rights in it’s THE EMPIRE STRIKES BACK mark.

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How a Trademark Dispute Arises Over Word “How”

When you hear the word “how” you typically don’t think of a brand, you think of a question, like “how do you do something?” Or perhaps a statement like “this is how it’s done.” But two companies have taken to using the word as a brand, one company for quite a bit longer than the other, and this overlapping use is causing a trademark dispute over this simple word.

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PODS Awarded $62 Million Judgment against U-Haul in Trademark Infringement Case

Pods trademark dispute with UhaulU-Haul has been in the moving business for a long time, but a recent judgment shows that it wasn’t the first to use the term “pods” to refer to moving containers. That distinction belongs to Florida based PODS Enterprises, which began using the term in commerce in 1998 and received a trademark registration on the term in 2005. U-Haul’s subsequent use of the term is proving very costly, as a jury ordered the company to pay PODS $62 million in profits and damages for infringing the PODS.

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Duck Dynasty Facing Trademark Infringement Lawsuit over Use of “My Favorite Color is Camo”

Duck Dynasty, the popular A&E television program, is big on camouflage. But the Dynasty crew may have overstepped its camo bounds when it proclaimed that “My Favorite Color is Camo.” This proclamation and use of the phrase on branded merchandise has recently led to a lawsuit. The Duck group is facing a trademark infringement challenge from a Florida company claiming Dynasty’s use of the phrase “My Favorite Color is Camo” infringes on its trademark registration.

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Will the Real Comic-Con Please Stand Up? San Diego Comic-con Exerts Trademark Registration against Salt Lake Comic Con

Comic-Con has become a big deal. Multiple conventions are held annually throughout the country. Thousands of people attend. But the San Diego installment of the event wants to make sure that everyone knows that it is the real, original Comic-Con and is taking action to do so.

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This Bud’s for You… and You? Trademark Rights Battle over Budweiser Brand Name

budweiser protecting trademark rightsWith the amount of money spent on marketing, it’s a pretty good bet that nearly every adult in the United States is familiar with the Budweiser trademark for beer.  But it may be a surprise to learn that the beer brewed by Anheuser-Busch is not the only beer marketed under the trademark Budweiser.  A small brewer in the Czech Republic also has trademark rights to the name Budweiser and Anheuser-Busch is not happy about it.  (Click here to see MSN Money Article on this topic.)

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