Trademark & Copyright Law

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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Rules of the Game: Marketing Through Sweepstakes

Rules of the Game: Marketing Through Sweepstakes David O. Klein, Corporate Counsel January 30, 2015 Sweepstakes and promotional contests are excellent ways for businesses to market their respective products and services, particularly when used in combination with Internet and mobile media. Numerous state and federal laws apply to such games—and businesses must understand these laws,

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Edible Marijuana Maker Settles Trademark Dispute with Hershey

November 4, 2014 In June, 2014, the Hershey Company (“Hershey”) brought a trademark infringement action against Colorado-based TinctureBelle, LLC.  Hershey alleged that TinctureBelle infringed on numerous registered trademarks in the naming, packaging and marketing of its chocolate and confectionery products containing marijuana.  TinctureBelle appeared in the action, but never filed an answer.  Instead, after months

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