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, …
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The TTAB recently released a non-precedential opinion cancelling registration of this mark, and rejecting registrant’s parody defense.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 …
Permanent link to this article: http://cobaltlaw.com/the-boards-not-horsing-around/
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 …
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 …
Permanent link to this article: http://cobaltlaw.com/shock-and-awww-peta-registers-xxx-domain-name/
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 …
Permanent link to this article: http://cobaltlaw.com/exclusive-product-thermometer-licensee-makes-judges-temperature-rise-childs-no-contact-thermometer-ordered-recalled-and-enjoined-for-trade-dress-infringement/
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 …
Permanent link to this article: http://cobaltlaw.com/first-amendment-rights-to-blog-a-case/
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 …
Permanent link to this article: http://cobaltlaw.com/ttab-rejects-specimen-of-use-that-does-not-show-use-trademark-use-for-wine/
Permanent link to this article: http://cobaltlaw.com/michael-jacksonthe-king-of-ip/
On March 19, 2009, The Hershey Company, et al. filed suit in the Northern District of West Virginia against Reese’s Nursery and Landscaping, alleging federal trademark infringement, false designation of origin, federal trademark dilution, and unfair competition. At issue is the Defendant’s alleged use of the REESE’s trade dress, i.e., “the REESE’S brand name in …
Permanent link to this article: http://cobaltlaw.com/hershey-protects-its-reeses-brand-defendant-sees-what-brown-orange-can-do-for-you/
Have you ever had one of those really good soft oatmeal cookies that comes in the pretty red package that looks like this: Well, the company, Archway Bakeries, LLC, invested a lot of time and money in creating and marketing its trade dress (i.e. the look and feel of it packaging) and was piping hot …
Permanent link to this article: http://cobaltlaw.com/thats-the-way-the-cookie-crumbles-court-grants-preliminary-injunction-against-cookie-company-for-trademark-infringement-based-on-trade-dress-packaging/
Cobalt Law, Commentary, Copyrights, Trademarks
by Tsan Abrahamson
While the King of Pop has passed to his eternal resting place, he leaves behind more than devastated fans, mourning family members, legendary dance moves, and record breaking statistics. With his demise, we have learned that Michael Jackson amassed a substantial intellectual property portfolio, demonstrating a creativity well beyond his musical talents and leaving some …
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Tags: Copyright, intellectual property, michael jackson, Trademark