Trademark & Copyright Law

Trademark Infringement: A Kiss of Death? - Klein Moynihan Turco LLP

Trademark Infringement: A Kiss of Death?

The proverbial battle of David versus Goliath is currently unfolding in United States District Court for the Northern District of California. The Cookie Department, Inc. (“Cookie Department”), a California cookie maker, is embroiled in trademark litigation with sweets superpower, The Hershey Company (“Hershey Co.”). Both allege that the other has engaged in trademark infringement. The […]

Trademark Infringement: A Kiss of Death? Read More »

Toys R Us Files Trademark Infringement Complaint Against Toys & Beyond

On August 3, 2021, Tru Kids Inc., doing business as Toys R Us (“Toys R Us” or “Plaintiff”), filed a complaint against Real Investment, LLC, doing business as Toys & Beyond (“Toys & Beyond” or “Defendant”), for trademark infringement, dilution, and unfair competition. Toys R Us is the owner of many famous trademarks that are

Toys R Us Files Trademark Infringement Complaint Against Toys & Beyond Read More »

Promotional Marketing Concerns Associated with Online and Mobile Media- KMT

Promotional Marketing Concerns Associated with Online and Mobile Media

The use of promotions and contests in connection with online and mobile marketing can be a dynamic and cost-effective way to increase conversions, build a database of engaged consumers and increase brand awareness. However, businesses must be aware of the fact that governmental entities, such as the Federal Trade Commission (“FTC”), are tasked with regulating,

Promotional Marketing Concerns Associated with Online and Mobile Media Read More »

How Long Do Trademark Registrations Last?- Klein Moynihan Turco LLP

How Long Does Trademark Registration Last?

The short answer to this question should be, forever. However, there are various steps one must take (such as meeting renewal deadlines and using the subject mark in commerce) to maintain trademark registration. This blog will look to educate our readers on post-registration obligations and the ongoing filing requirements that are necessary to maintain a

How Long Does Trademark Registration Last? Read More »

Trademark Infringement Lawsuit- Klein Moynihan Turco

Taste the Lawsuit: Wrigley Brings Trademark Infringement Claim

On May 3, 2021, WM Wrigley Jr. Company (“Wrigley”) filed a complaint against a host of cannabis companies and their respective owners (collectively “Defendants”) in the United States District Court for the Central District of California alleging trademark infringement, dilution, and unfair competition. Wrigley is the owner of many famous trademarks that are registered with

Taste the Lawsuit: Wrigley Brings Trademark Infringement Claim Read More »

How to Trademark a Phrase or Slogan?- Klein Moynihan Turco LLP

How to Trademark a Phrase or Slogan: The Basics

On April 9th, the WWE filed several trademarks for the slogan “Then Now Forever Together,” which was used in the signature opening before the WrestleMania event this past weekend. Readers of this blog may be familiar with other brands that use trademarks to protect symbols that set their businesses apart from the crowd.  All this

How to Trademark a Phrase or Slogan: The Basics Read More »

Trademark Rights Law: Penn State Not Geographically Descriptive

Trademark Rights Law: Penn State Not Geographically Descriptive

On February 21, 2019, Pennsylvania State University (the “Applicant”) filed a trademark application with the United States Patent and Trademark Office (“USPTO”), seeking registration of: 1) the word mark PENNSTATE HEALTH; and 2) the words PENNSTATE HEALTH with a logo of a Nittany lion (the “Marks”). The Trademark Examining Attorney refused registration of the Marks,

Trademark Rights Law: Penn State Not Geographically Descriptive Read More »