In December, the Trademark Modernization Act of 2020 (“TMA”) was signed into law. A bipartisan bill, the TMA contains several important trademark law reforms, including clarification of the burden that parties must satisfy to obtain an injunction in an infringement claim. » Read More
Your fond memories of the foods you enjoyed in your youth have to do with so much more than just the taste, the smell, and the mouthfeel. Try not to smile as you remember the curlicue on the top of a soft-serve ice cream cone, the sound it made when you opened a bag of potato chips, or the paper wrapping that would cling to the caramel of a Sugar Daddy lollipop when you unwrapped it just as the movie was about to begin. » Read More
Registering a trademark for your brand is only the beginning. If you want to achieve real commercial success with your great idea, you will probably need to get other individuals or companies involved with the manufacture or sale of products bearing your trademark. » Read More
Utility patents protect ideas and inventions, design patents protect the ornamental aspects of a product, and trademarks protect the exclusive consumer association with your company that your brands, logos, or designs evoke. Despite the differences in these types of intellectual property (“IP”), lawsuits involving patents and trademarks have striking similarities and crucial differences. » Read More
In In re IGT, the Trademark Trial and Appeal Board (TTAB) affirmed the Examiner’s refusal to register geometric shapes used in the applicant’s gaming machines.
While the decision does not offer anything new or surprising from a trademark perspective, it is a good example of the challenges in obtaining trademark registrations for geometric shapes, especially if the shapes are used merely as borders for information or as background. » Read More
I was happy to present the webinar, “A Legal and Commercial Overview of the F&B Industry in the U.S. and India,” with Mohit Kapoor, Co-Founder of law firm Universal Legal Advocates in India, on October 1. Universal Legal is a full-service law firm with a wide-reaching international presence and has been advising and assisting clients in the food and beverage space for 15 years. » Read More
In a recent federal court ruling, a judge articulated once again why famous brands enjoy greater rights than those that lack renown.
The case pits two giants in wholly unrelated fields— clothing versus alcoholic beverages.
The lesson? Food, beverage, and liquor sellers should exercise caution and select brand names that are not the same or are not similar to those of existing “famous” brands, even in completely unrelated fields. » Read More
Sour Patch Kids-maker Mondelëz Canada Inc. (“MCI”) has filed a trademark lawsuit against a THC-infused gummies maker selling under the brand “Stoney Patch.” July 19, 2019, in the U.S. District Court for the Central District of California. Mondelëz Canada Inc. » Read More
Today we have the pleasure of being joined by our guest, Pete Picetti of Heffernan Insurance Brokers. Pete specializes in serving food and beverage clientele, and recently served with me on a panel on Risk Management at the Summer Fancy Food Association’s Business Summit in Chicago. » Read More
The United States Patent and Trademark Office (USPTO) recently issued helpful guidance on the examination of cannabis trademark applications. This guidance is the USPTO’s first pronouncement of how it will evaluate the legal use in commerce requirement for trademark applications covering cannabis goods and services. » Read More