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”
Category: Trademark Infringement
Netflix “House of Cards” Faces Trademark Infringement Lawsuit
Netflix’s House of Cards series has enjoyed a highly successful run on the streaming site and just released its fourth season. With so much success, it has built up a nice name for itself. Even many of those that haven’t watched the series probably have at least heard of it. That could all be in jeopardy though, as the series distributor, MRC II Distribution Company, faces a trademark challenge from the registered owner of the trademark on “House of Cards”.
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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 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”
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”
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”
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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Activision First Amendment Rights Trump Trademark Infringement Claim
Activision’s Call of Duty video game franchise has been incredibly successful. It is a highly detailed, military style game that attempts to deliver a realistic combat experience by incorporating real weapons and equipment. This realism includes the ability to customize a player’s combat uniform, right down to the patches worn by the combatant. Such extreme realism enhances the player’s experience, but one company claims that Activision’s use of its patch is a little too real and infringes on its trademark registration. But a U.S. District Court in California doesn’t see it this way.
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Under Armour Sues Salt Armour
Sporting 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”