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
I’ve been practicing long enough to know that it’s not easy for my clients to find brands they like, much less ones that are free for them to use without worrying they will get a claim that they’ve violated another party’s rights. » Read More
As we approach the Thanksgiving holiday, the authors here at More Than Your Mar®k want to say “thank you” to all of our subscribers and readers. We are grateful for the opportunity to share with you all-things-trademark… and more!
Keeping with the Thanksgiving theme, here is a feast of “THANKSGIVING” trademarks that are registered with the United States Patent and Trademark Office. » Read More
When a restaurant name is licensed, how does the owner properly compute a trademark royalty? Should a higher royalty be set for a famous mark? These issues were decided recently by the New York Supreme Court in Ganzi, Gary C. et al. » Read More
Danielle DeFilippis and Jeanne Hamburg were delighted to welcome attendees from the food and restaurant industries, as well as service providers to those industries, to a seminar on Thursday, November 15, in the firm’s New York office. The presentation covered a wide array of legal issues, from the trademark clearance and registration process, to trade dress production for product design and restaurant décor, to important contracts involving trademarks, to enforcing trademark rights on social media. » Read More
The maker of Splenda sweetener, Heartland Consumer Products, LLC, filed suit in 2017, in the U.S. District Court for the Southern District of Indiana, alleging trademark infringement, false designation of origin, unfair competition, and trademark dilution against DineEquity which owns and operates Applebee’s and IHOP restaurants. » Read More
Last week, my partners, Danielle DeFilippis and Deanna Koestel, and I had the pleasure of attending The New Jersey Food & Beverage Summit hosted by NJBIZ. Our firm sponsored the event. We enjoyed a series of informative panel discussions, as reported in our last post, as well as the exhibits put on by a wide range of food manufacturers, vendors, and students of food science. » Read More
The Norris McLaughlin Food & Beverage Law Group has been busy with industry events this fall. We recently attended The World of Latino Cuisine Food Products and Beverage Trade Show at the Meadowlands Expo Center. The event included educational sessions and culinary demonstrations. » Read More
Clients often ask me if they can avoid a U.S. Trademark Office refusal to register their brand names (“marks”) by using design or logo elements if it turns out that the words they’ve come up with aren’t available to use as marks. » Read More
When we think of trademarks, words and logos most often come to mind. But product shapes are also protectable, including the shapes of foods we know and love, if their shape is not driven (or not driven exclusively) by functional considerations. » Read More
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