Category: Trademark Litigation

White Stag Trademark

Portland Trademark Filing Blocked by Local Brewer Registration of Iconic White Stag

One of Portland, Oregon’s iconic locations is the White Stag sign. This neon sign outlined in the shape of Oregon and headed with a jumping deer has changed its written message over the years, currently reading “Portland, Oregon Old Town”, but the jumping deer has always remained. After decades of rising above the city, this sign and the jumping deer have become strongly associated with Portland and are now at the center of a trademark controversy between a local brewer and Portland City Hall.
Continue reading “Portland Trademark Filing Blocked by Local Brewer Registration of Iconic White Stag”

Kroger Trademark Dispute

Trademark War: US Supermarket Giant Challenges Formidable European Newcomer

Kroger is a grocery store super giant. Operating around 2,800 stores nationally, it is America’s largest grocery store chain. Its stores generated $115.3 billion in total sales in 2016 with approximately $20 billion in sales coming from its in-house brand “Private Selection”. That’s a lot of dough. So when European grocery giant Lidl began opening stores in the US and using its in-house brand “Preferred Selection”, Kroger quickly took action to protect its hard-won turf by filing a trademark infringement and dilution lawsuit, claiming that Preferred Selection is likely to cause confusion among consumers and dilutes the value of Kroger’s registered trademarks.
Continue reading “Trademark War: US Supermarket Giant Challenges Formidable European Newcomer”

ganjagonia trademark dispute

Patagonia Challenges Trademark Application for Ganjagonia

It’s an interesting time for marijuana related businesses. At the state level, several states have given them a green light. On the federal level, however, the light is still very much red. In states where marijuana laws have been eased, entrepreneurs have been actively developing businesses around pot culture. But these entrepreneurs run into problems with federal trademark registration because the US Patent & Trademark Office is federally regulated. Trademark examiners have typically rejected marijuana related marks. However, one Colorado based web producer has passed the federal hurdle for his trademark application on Ganjagonia – a marijuana themed web cartoon, but now faces a more traditional trademark challenge from an actual company, as the outdoor retailer Patagonia is challenging his trademark application. Continue reading “Patagonia Challenges Trademark Application for Ganjagonia”

M&M's outlawed in Sweden

Mars May be too Late to Secure M&M’s Branding Rights in Sweden

M&M’s may be loved the world over, but if Swedish people want them, they may need a new name. This news comes after the Swedish Court of Appeals ruled that the M&M’s mark causes confusion among Swedish consumers due to a traditional Swedish chocolate candy that also comes marked with the letter “M”. Mars, the manufacturer of M&M’s, will now need to change the name of the candies in Sweden, appeal the decision, or face penalties laid out by the Court of Appeals if it continues selling there.

Continue reading “Mars May be too Late to Secure M&M’s Branding Rights in Sweden”

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”

coke zero trademark

Coke Wins Partial Victory Against Dr. Pepper in “Zero” Trademark Dispute

Coca-Cola is a giant in the beverage industry. If you said everyone in the world knows what Coke is, it may actually be true and not just an exaggeration. With such recognition and substantial marketing resources behind its zero calorie drinks like “Coke Zero”, “Sprite Zero” and “Powerade Zero”. Coke has finally convinced the United States Patent and Trademark Office (USPTO) to allow its trademark registration on the term “zero” in conjunction with its beverages. This grant comes in spite of Dr. Pepper’s protests that the term is a generic reference to zero-calorie drinks. The decision is limited however, and leaves the door open for Dr. Pepper to also register its “zero” products and pushes any future disputes into federal court.

Continue reading “Coke Wins Partial Victory Against Dr. Pepper in “Zero” Trademark Dispute”

Indiana Bakeries Square off Over Square Donuts

Donuts have never suffered from a popularity issue. With high demand, supply typically rises to match. And as the competition intensifies, bakeries look for ways to innovate and separate themselves from the pack.

One way that a Terra Haute, Indiana bakery has done so is by going against the norm and producing a square shaped donut. While the square shape may have been original, the name it chose to call these donuts was not. The bakery called itself and the donuts it produced, “Square Donuts.” This lack of originality has led to a trademark dispute with another unimaginative bakery in Valparaiso, Indiana, that is also attempting to call its cornered donuts “square donuts.” Continue reading “Indiana Bakeries Square off Over Square Donuts”

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”