Category Archive: Trademarks

Last week, Abercrombie & Fitch CEO Mike Jeffries admitted he didn’t make A&F clothes in larger sizes. His reasoning: beautiful – read thin – people attract other beautiful people to wear A&F’s clothing; and unattractive – read fat – people detract from his stores. Then came the immediate firestorm of fury on social media sites …

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Nike sued competitor Already (dba Yums) in New York federal court for infringement of its registered trade dress in the super popular Air Force 1 footwear, an example of which is shown above. Yums filed counterclaims for declaratory relief that there was no infringement and that Nike’s Air Force 1 trade dress was invalid, seeking …

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The shape Nestlé’s iconic Kit Kar bar has been found to be distinctive, so says the appeal board at the Office for Harmonization in the Internal Market in the United Kingdom (“Office”). Denying Cadbury’s claim that the shape of the chocolate bar was not protectable on the grounds that it was too commonplace a shape, …

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Permanent link to this article: http://cobaltlaw.com/gimme-a-break-nestle-savors-trademark-victory-in-shape-of-kit-kat-bar/

The TTAB recently released a non-precedential opinion cancelling registration of this mark, and rejecting registrant’s parody defense. Where will this opinion fall in the lineup of parody cases? The opinion arose out of Polo Ralph Lauren Corporation’s cancellation proceeding against Thread Pit, Inc.’s registration of the above-referenced mark in connection with t-shirts and collared polo …

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Recently, news of California medical marijuana dispensaries selling a strain called “Linsanity” set loose Jeremy Lin’s lawyers—demand letters a flurry allegedly seeking apologies. This isn’t the first time a celebrity name has been used in connection with medical marijuana—does Tom Cruise Purple, aka Purple Cruise ring a bell? Lin’s trademark attorney, Pamela Deese, commented to …

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Permanent link to this article: http://cobaltlaw.com/technical-called-on-pot-sellers%e2%80%a8-jeremy-lin-cries-foul-over-use-of-linsanity-trademark/

As we have blogged before, many companies are currently taking advantage of Sunrise Period B (which expires on October 28, 2011) to block .xxx domains containing their registered trademarks. People for Ethical Treatment of Animals (PETA) has taken a dramatically different tactic that is worth noting to spread the word about their message. Taking advantage …

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In a decision handed down by the Court of Justice of the European Union on July 12, 2011, eBay has been found to be potentially jointly liable for trademark infringement along with individuals selling infringing goods on the eBay auction site because it had prior knowledge of the infringement.  Paris-based cosmetics company L’Oréal brought the …

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Permanent link to this article: http://cobaltlaw.com/loreal-v-ebay-inc-european-courts-differ-from-u-s-courts-when-it-comes-to-website-liability-for-trademark-infringement-by-users-of-the-site/

Tecnimed SRL v. Kidz-Med, Inc. (S.D.N.Y., Jan. 18, 2011) Tecnimed is the manufacturer of a non-contact thermometer. Kidz-Med, Inc. had the exclusive right to distribute this non-contact thermometer. The complaint alleges that the defendants are now marketing and selling a competing non-contact thermometer despite the distribution agreement which prohibits the defendants from marketing and selling …

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Dear Mr. Olson, We are in receipt of your letter (below) in which you demand that we cease or you will sue. We are a law firm; and we are reporting news in our blog. Clearly is that stated under the category on ‘News’ as you acknowledge in paragraph two of your letter. We acknowledge …

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A recent ruling by the Trademark Trial and Appeal Board (“TTAB”) serves as a good reminder of the importance of ensuring proper and sufficient trademark use on the goods and services for which a registration is sought. Albeit a seemingly simple concept, it threatens to be the achilles heel for many trademark owners who find …

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Permanent link to this article: http://cobaltlaw.com/ttab-rejects-specimen-of-use-that-does-not-show-use-trademark-use-for-wine/

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