American Dairy Queen Corporation (“Dairy Queen”) sued W.B. Mason Co. (“W.B. Mason”) over W.B. Mason’s use of the BLIZZARD mark for its bottled spring water. Dairy Queen holds registered trademarks for its BLIZZARD frozen treats, which it sells directly to consumers. Dairy Queen’s earliest BLIZZARD trademark registration was issued in 1952, and the most recent […]
Dairy Queen Loses Trademark Infringement Lawsuit Read More »
A frequent question that comes up when starting a business is when to file for trademark protection. The answer to this question will depend on a few things, such as the type of trademark protection that you want for your brand/business and whether you are already using the trademark in commerce or have a bona fide intent to do so within the required regulatory timeframe (as discussed below). What
I Just Started My Business – When Should I File for Trademark Protection? Read More »
The Southern District Court of New York recently rendered a decision in a widely-followed trademark infringement case. The dispute involved Plaintiff, Hermès International, designer and purveyor of the luxury Birkin handbag, and Defendant-artist, Mason Rothschild, creator and seller of non-fungible tokens (“NFTs”) depicting “MetaBirkins” or “fur-covered” Birkin handbags. In this case, a federal jury determined
New York Court Decides NFT Trademark Fair Use Case Read More »
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
SCOTUS to Hear Jack Daniel’s Trademark Infringement Case Read More »
There is no question that digital marketing of products and/or services are integral to the success of any business. There are myriad ways and places to advertise, including websites, social media, mobile applications, and the like. Oftentimes, companies will either intentionally, or inadvertently, use a registered trademark that belongs to a third party in its
Be Wary of Unauthorized Use of Another’s Trademark in Marketing Read More »
Whether you are looking to start a business or have been operating a business for years, it is important to know how to protect your brand. A trademark is a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of goods/services. Over the past few years, there have been
A Trademark Lawyer’s Guide to Protecting Your Brand Read More »
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
Trademark Law Updated: What Brand Owners Need to Know Read More »
In the recent Ohio State University v. Redbubble trademark law proceeding, the Sixth Circuit Court of Appeals considered whether online retailers are liable for trademark infringement arising from products that they sell on their sites. The lower court entered summary judgment in favor of Redbubble, an Australian online retailer, and against Ohio State University (OSU). The court
Trademark Law: Online Retailers and Secondary Liability Read More »