Trademark

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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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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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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Legal and Business Concerns of the Newly Minted Social Media Star

#136888792 / gettyimages.com Over the past few years, a new type of celebrity has emerged: the social media star.  These are individuals that have achieved a level of fame through various digital media outlets (i.e. YouTube, Instagram, Vine, Facebook, Twitter, personal blogs, etc.).  Social media stardom is a relatively new phenomenon that is quickly starting

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Duke University and John Wayne Duke It Out over Trademark Rights

Earlier this month, Duke University and the estate of actor John Wayne (incorporated as John Wayne Enterprises, LLC (“JWE”)) became embroiled in a lawsuit concerning the use of the word “Duke,” John Wayne’s nickname, in connection with the marketing and sale of whiskey. According to the documents filed in the Middle District Federal Court of

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