Trademark & Copyright Law

Could Texas’ Alamo Trademark Battle Affect Shiner Beer?

May 8, 2015 Last Thursday, Alamo Beer Company, LLC (“Alamo Beer”), Old 300 Brewing, LLC d/b/a Texian Brewing Co. (“Texian”) and the State of Texas settled an historical trademark dispute. The lawsuit, which began as a quarrel between two Texas breweries using the silhouette of the Alamo in their marketing materials, took an unexpected turn […]

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MMA Fighter: Game Developer Used My Likeness Without Permission

April 13, 2015 Earlier this month, mixed martial arts (MMA) fighter Felice Herrig took to Instagram to accuse video game developer NetherRealm Studios and its parent/distributor Warner Bros. Interactive Entertainment, Inc. of using her likeness without permission. Herrig claims that her image served as a model for “Cassie Cage,” a character in the newly released

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Brewery Enforces Beer Trademark with Acquired Distinctiveness

April 9, 2015 After amending its application with the U.S. Patent and Trademark Office (“USPTO”) to show that its Tangerine Wheat Ale had acquired distinctiveness in the marketplace, California-based Table Bluff Brewing Inc. d/b/a Lost Coast Brewery (“Lost Coast”) was granted a federally registered trademark in 2014 (No. 4509582) for the phrase TANGERINE WHEAT for

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Mary Kay Files Trademark Lawsuit Against Internet Coupon Giant RetailMeNot

March 24, 2015 Earlier this month, the cosmetics multi-level marketer Mary Kay Inc. (“Mary Kay”) sued Internet coupon company RetailMeNot, Inc. (“RetailMeNot”) in a federal court in Dallas for alleged trademark violations.  Specifically, Mary Kay’s trademark lawsuit takes issue with the Mary Kay coupon codes that RetailMeNot purportedly provides to online consumers. Should the RetailMeNot

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Blimpie Blown Up by TCPA Junk Fax Class Action?

March 18, 2015 On March 12, 2015, a class action lawsuit was filed against Blimpie International, Inc. (“Blimpie”) and other entities, alleging violations of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint alleges that Blimpie violated the TCPA by sending unsolicited “junk faxes” to businesses and individuals throughout the country.  The plaintiff seeks to

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Jury Finds Pharrell Williams and Robin Thicke Guilty of Copyright Infringement

March 12, 2015 On March 20, 2015, a jury awarded $7.4 million to the family of artist Marvin Gaye for Pharrell Williams and Robin Thicke’s alleged infringement of Gaye’s song “Got to Give it Up.”  Gaye’s family alleged that Pharrell and Thicke’s song “Blurred Lines” infringed Gaye’s intellectual property rights.  Although many have viewed the

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New York Court Certifies Sirius XM Copyright Case Interlocutory Appeal

February 23, 2015 After suffering a loss in New York State federal court, Sirius XM Radio, Inc. (“Sirius”) has now been granted the right to appeal to the Second Circuit Court of Appeals a summary judgment ruling issued by the United State District Court for the Southern District of New York in favor of recording

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