Trademark Infringement

A Wisconsin federal judge issued a temporary restraining order last month against a Wisconsin creamery for their use of the “Irishgold” Irish butter trademark and associated packaging. Irish dairy distributor Ornua Foods North America Inc. filed suit for willful trademark infringement against Old World Creamery LLC and Eurogold USA LLC, asserting that Old World’s butter

Last month, snack food company Snyder’s-Lance filed a declaratory judgment action in North Carolina against Amplify Snack Brands and its SkinnyPop popcorn. Hours later, Amplify brought suit against Snyders-Lance in Texas, alleging trademark infringement over Snyders’ “Metcalf’s Skinny” popcorn and other snacks sold under the “Metcalf’s Skinny” brand name.  At issue is whether the term

A Florida federal court enjoined Thomas McClary, an original member of famed Motown band the Commodores, from branding himself as “COMMODORES’ Founder Thomas McClary” in his booking advertisements for solo gigs. McClary left the band in 1984 to pursue a solo career.

In 2014, Commodores Entertainment Corporation (“CEC”), the band’s legal entity, filed suit against

Online trademark infringement, which includes domain names, websites, online auction platforms and keywords, has seen a significant spike in recent years and presents unique challenges to trademark owners and government authorities around the world. Clark Lackert of our Intellectual Property group discusses how to protect your trademarks in our electronic-driven world in his recent article titled, Counterfeits and Infringements Online – A Global Overview of Liability, published in the World Trademark Review (www.worldtrademarkreview.com) by The IP Media Group.
Continue Reading Building an Online Strategy to Preserve Your Brand

Jersey Shore star, Mike “The Situation” Sorrentino, lost his lawsuit last week against Abercrombie & Fitch (“A&F”) when a Florida federal judge ruled the case could not proceed to trial based on his trademark infringement, publicity rights, and false advertising claims related to a t-shirt the retail store sold labeled “The Fitchuation.”
Continue Reading Jersey Shore Star Loses “Fitchuation” Lawsuit to Abercrombie & Fitch

Car-Freshener Corporation and Julius Samann Ltd. (“JSL”), the companies behind the iconic LITTLE TREE air fresheners, recently filed a trademark infringement lawsuit against WPP’s Grey Global Group Inc. (“Grey”). The action stems from a 2011 ad campaign in which Grey worked with Another Dancing Bear Productions (“ADBP”) and Scent USA to develop car air fresheners for BMW’s line of certified pre-owned vehicles. In particular, Car-Freshener Corp. and JSL allege that the BMW air fresheners, which contain an evergreen logo, are confusingly similar to their own trademarked tree logo.
Continue Reading Car-Freshener Corporation Tries to Clear the Air

Using another’s trademark as a keyword for online search marketing purposes is a murky area of law. Is this trademark infringement? Is this a permissible action? Although one may assume that these questions are two sides of the same coin, in reality they are not. The case law on this issue – especially those cases