Trademark Law

6th Circuit Rules Against Victor’s Little Secret in Trademark Case

A federal appeals court has upheld an injunction barring the owner of a lingerie and sex-toy shop from calling his business “Victor’s Secret” or “Victor’s Little Secret.” The 2-1 ruling (PDF) by the Cincinnati-based 6th U.S. Circuit Court of Appeals is one of the first tests of a new law…

May 20, 2010 2:54 PM CDT

In Rush to Create New ‘48 HR’ Mag in a Weekend, No One Focused on Legal Issues

In an impressive demonstration of the power of online social media and journalists’ devotion to their work, a conversation among three friends in a San Francisco bar earlier this month morphed into an actual 60-page magazine created over the weekend after a call for help was put out on Twitter.…

May 19, 2010 6:31 PM CDT

Hershey Sues, Says Williams-Sonoma Brownie Pan Copied Iconic Chocolate Bar

Hershey Co. has filed a Lanham Act claim against a well-known supplier of upscale kitchen accoutrements, contending that a brownie pan being marketed by Williams-Sonoma Inc. violates trademark law by copying the design of its iconic chocolate bar. The brownie pan is shaped in twelve rectangles, just like a Hershey…

May 18, 2010 8:58 PM CDT

Manatt Phelps Is Back on Hot Seat in Big Bucks Malicious Prosecution Suit

A divided California appeals court has revived a malicious prosecution lawsuit against Manatt Phelps & Phillips concerning a 1998 federal trademark dilution and false advertising complaint it filed against the Franklin Mint Co. on behalf of the Diana, Princess of Wales Memorial Fund. That underlying federal case resulted in a…

May 4, 2010 6:39 PM CDT

Report: O’Melveny Lawyer Sparked Probe of iPhone Prototype Loss by Reporting It Stolen

An aggressive law enforcement probe of an Apple iPhone prototype that reportedly was forgotten by a company employee at a California bar was sparked by a complaint from an O’Melveny & Myers attorney that it had been stolen. “They said there was a belief that this had been stolen and…

Apr 29, 2010 11:25 PM CDT

Former Gucci GC Questions the Fuss over His Inactive Status

The former general counsel for Gucci doesn’t think he deserved to be fired for working at the company while on inactive status, and he explains why in an affidavit filed in a battle over privileged communications in a trademark case. Jonathan Moss says he didn’t think his inactive status affected…

Apr 20, 2010 4:44 PM CDT

The North Face and The South Butt Settle Trademark Suit

The North Face Apparel Co. has settled its trademark infringement suit against The South Butt, a clothing line with the tagline “never stop relaxing.” Lawyers refused to reveal details of the settlement, but The South Butt website is still selling its wares, according to the American Lawyer and the St.…

Apr 5, 2010 11:42 AM CDT

2nd Cir. OKs eBay Use of Tiffany’s Trademark, But Revives False Advertising Claim

The New York City-based 2nd U.S. Circuit Court of Appeals sided with eBay today in a trademark infringement and dilution case brought by Tiffany & Co., finding that a lower court had correctly permitted eBay to list for sale on its website used items from the renowned retailer. However, its…

Apr 1, 2010 11:28 PM CDT

Partner Proclaims Victory Despite Dismissal of Law Firm’s Google Adwords Suit

A Connecticut judge has dismissed an advertising complaint brought against Google by a New Haven personal injury firm, agreeing with the Internet search engine giant that the lawsuit should have been pursued in federal court rather than state court. But partner Michael Stratton of Stratton Faxon is proclaiming victory even…

Mar 17, 2010 8:31 PM CDT

Xerox Enlisting Hollywood in Fight Against ‘Genericide’ with Ad

Xerox Corp. has a message, and it hopes that those who write screenplays will read it. The maker of copy machines asks in an ad it took out in The Hollywood Reporter to “use Xerox only as an adjective to identify our products and services, such as Xerox copiers, not…

Mar 11, 2010 3:34 PM CST

Philip Morris Sues Over Fake Marlboro Cigarettes

Philip Morris USA filed lawsuits on Monday against eight retailers it says is selling counterfeit versions of the company’s popular Marlboro brand cigarettes in New York and New Jersey. In a news release about the filings, Philip Morris says New York and New Jersey are particularly vulnerable to counterfeit cigarette…

Mar 2, 2010 5:33 PM CST

Salt Lake Airport Wins Trademark Battle with US Over ‘Simpli-Fly’ Motto

Two U.S. agencies have backed away from a battle over rights to the term “Simpli-Fly.” Salt Lake City International Airport uses the term, trademarked in 2005, to describe its traveler information service, the Salt Lake Tribune reports. Salt Lake sued when the U.S. Department of Homeland Security and the Transportation…

Feb 18, 2010 4:19 PM CST

Fewer Good Band Names Available, Causing Trademark Rifts

There aren’t many good band names left, according to Led Zeppelin bassist John Paul Jones. He told the Wall Street Journal about the difficulties he had finding a name for his new band. An online search showed at least seven other bands had the name of his first choice—Caligula. His…

Feb 17, 2010 2:55 PM CST

It’s Airstream v. Airstream in This Cross-Country Cupcake Battle

In the “burgeoning local trailer-food market” in Austin, Texas, Hey Cupcake is an early pioneer, having established its presence in 2007, operating out of an airstream trailer topped with a giant iced cupcake. Hey Cupcake hopes to expand nationally at some point. So when it discovered the existence of the…

Feb 12, 2010 4:15 PM CST

La. AG Steps into ‘Who Dat’ Controversy, Says Some T-Shirts OK

Do T-shirt makers need permission from the National Football League to sell their wares with the words ‘Who Dat,’ the popular cheer of fans of the New Orleans Saints? Not necessarily, according to Louisiana Attorney General Buddy Caldwell. Caldwell told the Associated Press he spoke with the NFL general counsel…

Feb 2, 2010 12:32 PM CST