Trademark Law

Clothier settles with Eagles singer over ‘Don a Henley and Take It Easy’ ad

An outdoor clothing retailer known for its irreverent approach has apologized to Eagles singer Don Henley and made a charitable donation to resolve a California lawsuit over its use of his name for an upscale T-shirt. An advertisement featuring the slogan “Don a Henley and Take It Easy,” riffing on…

Apr 17, 2015 11:50 AM CDT

Amazon sues over claimed fake reviews posted on its site

An Amazon lawsuit says three websites and a California man are free-riding on the Internet retail giant’s name–and hurting sellers and consumers–by posting fake product reviews on Amazon.com. The suit accuses the defendants of violating consumer and intellectual property laws by using domain names that are confusingly similar to Amazon’s…

Apr 9, 2015 2:30 PM CDT

SCOTUS ruling raises the stakes for Trademark Trial and Appeal Board hearings

Some trademark issues decided by the Trademark Trial and Appeal Board can’t be relitigated in a federal infringement lawsuit, the U.S. Supreme Court ruled on Tuesday. In a 7-2 opinion (PDF), the U.S. Supreme Court said unchallenged TTAB findings have preclusive effect in federal infringement suits if issues in the…

Mar 24, 2015 12:04 PM CDT

Fat Noodle is ‘confusingly similar’ to Chubby Noodle, restaurant says in trademark suit

What’s the difference between a chubby noodle and a fat noodle? Not much, according to the owners of two Chubby Noodle restaurants in the San Francisco area. They filed a federal lawsuit last week against the owners of a forthcoming competitor, Fat Noodle, contending that the name and logo of…

Jan 27, 2015 10:35 AM CST

Seattle Seahawks attempting to trademark the number 12, the word ‘boom’ and more

As the Seattle Seahawks head for the Super Bowl, one of their hometown newspapers is spotlighting their “aggressive” intellectual property filings. According to the Seattle Times, the team has filed two dozen trademark applications in 15 months, seeking to trademark relatively common words and phrases, and even the number 12.…

Jan 23, 2015 12:55 PM CST

Craft brewers find good beer names are limited; one conflict creates ‘Collaboration Not Litigation’

Trademark issues are bubbling up among brewers, due to the popularity of craft beer. “There are only so many words and names that make sense with beer, so it’s not surprising that many people will come up with the same ideas,” self-described craft beer attorney Candace Moon tells NPR. Bitter…

Jan 6, 2015 8:10 AM CST

Actor in ‘Goodfellas’ sues Fox for $250M, says wise guy in ‘Simpsons’ cartoon is based on him

An actor known for the mob characters he played in the The Godfather Part II and Goodfellas has sued Fox Television Studios for $250 million over a wise-guy character in The Simpsons known as Louie. Plaintiff Frank Sivero says The Simpsons used both his likeness and physical characteristics and a…

Oct 22, 2014 5:30 PM CDT

Chobani is accused of violating ‘how’ trademark with its marketing campaign

Chobani’s marketing phrase “how matters” is being challenged by an author and business consultant who says he has a trademark on the word “how.” The plaintiff is Harvard law grad Dov Seidman, who helps businesses create ethical cultures, the New York Times reports. His book is How: Why How We…

Oct 7, 2014 6:15 AM CDT

ALS Association seeks trademark for ‘ice bucket challenge’

On the heels of a fundraising success, the ALS Association is seeking to trademark the phrases “ice bucket challenge” and “ALS ice bucket challenge.” The popularity of the ice bucket challenge helped the group raise more than $94 million in less than a month, the Washington Post and Ars Technica…

Sep 2, 2014 6:00 AM CDT

Hacking software in Batman movie doesn’t infringe on real-life product, says 7th Circuit

Corrected: Saying that moviegoers aren’t likely to confuse fictional hacking software coveted by Catwoman in a recent Batman movie with a similar-sounding real-life product that has a legitimate purpose, a federal appeals court has affirmed a lower court’s dismissal of a trademark infringement suit. Although Fortres Grand Corp. argued that…

Aug 18, 2014 10:45 PM CDT

Gadfly buys website in DA’s name after he lets registration expire

A Louisiana district attorney set up a website in his name when he was campaigning for election, then let the registration expire after he won a second term in office. Now an unidentified gadfly has purchased the domain name formerly used by District Attorney Sam D’Aquilla and is using it…

Aug 12, 2014 4:55 PM CDT

Wearing a ‘smartwatch’ to court | Trademarking a hog call | Better Call Saul—and here’s the number

“I’ve wanted a Dick Tracy watch since I was 8 years old,” lawyer-blogger Rick Georges told MyCase’s Nicole Black in her “Today’s Tech” column at Above the Law. Now, Georges owns a Samsung Gear 2 smartwatch and wears it to court. In court, “everyone has their smartphone in their hand,…

Jul 25, 2014 1:31 PM CDT

Brewery sues DUI law firm, says look-alike ‘Sessions Law’ mark confuses ‘Session Lager’ customers

An Oregon craft brewery has sued a Georgia law firm for trademark infringement, contending that a look-alike “Sessions Law” mark is confusing to those familiar with its own “Session Lager.” Filed last week in federal court in Portland, the suit (PDF) by Full Sail Brewing Company says the Atlanta-based Sessions…

Jul 14, 2014 9:55 PM CDT

Lawyer sued by Judge Judy over TV ads says stations urged him to participate

Sued by Judge Judy over alleged unauthorized use of the famed TV-show jurist’s likeness in a video clip, a Connecticut lawyer says he simply participated in an advertising program when asked to do so by local stations. John Haymond says he is a fan of Judy Scheindlin’s show and was…

Jul 14, 2014 5:55 PM CDT

John Wayne’s heirs sue Duke University

John Wayne’s descendants are taking Duke University to court over the trademark rights to the word “Duke.” John Wayne Enterprises (a company run by Wayne’s heirs) has filed suit in federal district court in Santa Ana, California, requesting a declaratory judgment that they can use the word “Duke” without infringing…

Jul 10, 2014 6:34 PM CDT