trademark lawsuit Archives - Klein Moynihan Turco

SCOTUS to Hear Jack Daniel’s Trademark Infringement Case

Blog, Trademark & Copyright Law / David Klein

Owners of registered trademarks understand the significant, inherent value of Intellectual Property. To maintain that value, the importance of “policing” one’s mark from infringing and inappropriate third-party use cannot be overstated. The United States Patent and Trademark Office (“USPTO”) defines trademark infringement as “the unauthorized use of a trademark or service mark on or in connection with goods […]

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Trademark Law Updated - Klein Moynihan Turco LLP

Trademark Law Updated: What Brand Owners Need to Know

Blog, Trademark & Copyright Law / David Klein

On December 18, 2021, the Trademark Modernization Act of 2020 (“TMA”) went into effect, creating new procedures for removing unused trademarks from the federal trademark register and updating existing trademark law procedures. The TMA clears the path for legitimate businesses to register their marks by cleaning out the federal trademark register and giving the United

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Trademark Infringement: Universities v. Online Retailers

Blog, Trademark & Copyright Law / David Klein

The case captioned Purdue University v. Vintage Brand, LLC is an example of one of the most recent battles in the trademark war between institutions of higher learning and online retailers. In the case at issue, Purdue University alleged that Vintage Brand violated trademark law by selling and manufacturing certain goods (e.g., T-shirts) containing Purdue

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Trademark Infringement: A Kiss of Death?

Blog, Trademark & Copyright Law / David Klein

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

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Toys R Us Files Trademark Infringement Complaint Against Toys & Beyond

Blog, Trademark & Copyright Law / David Klein

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

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“Terrible Towel” Lawsuit a Good Reminder to Consult a Trademark Lawyer

Blog, Trademark & Copyright Law / David Klein

On August 21, 2020, The Eamon Foundation, owner of multiple trademarks related to the “Terrible Towel” waived at Pittsburgh Steelers (the “Steelers”) games, sued Time In, LLC d/b/a Time in Apparel (“TIA”) for trademark infringement, unfair competition, dilution and unjust enrichment. The lawsuit is a good reminder of the importance of consulting with an experienced

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A Trademark Lawyer Can Guide you to Obtaining a Strong Trademark

Blog, Trademark & Copyright Law / David Klein

When starting a new business and attempting to stand out from the crowd, it is important for business owners to consider how to go about building a strong brand. An essential part of creating good branding is developing a robust trademark. A trademark is a word, phrase, symbol, or design, or a combination thereof, that

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Want to Coexist with Another Brand? Ask a TM Lawyer How to Do So

Blog, Trademark & Copyright Law / David Klein

Businesses often come into conflict with other businesses that use identical or similar brands to sell related goods and/or services. This can lead to the refusal of a trademark application by the United States Patent and Trademark Office (“USPTO”) on the basis of a likelihood of confusion, or lengthy litigation with attendant expensive legal fees

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