Pirate Joe sails away
, November 2017
Pirate Joe’s buys lots of goods at retail from Trader Joe’s in Bellingham, WA and resells them at Pirate Joe's Vancouver, Canada store. Trader Joe’s stores are located only in the USA. Trader Joe’s Lanham Act complaint claimed reputation, health, and safety concerns because perishable items were subject to varying temperatures, creating a health risk. Ninth Circuit, following precedent that the Lanham Act’s “use in commerce” requirement is separate from the jurisdictional grant, as they appear in different sections of the Act, and thus the federal courts unquestionably have subject matter jurisdiction over Lanham Act cases, decided only “some effect” on USA commerce was required for jurisdiction, and remanded to address the case merits. Then the parties settled.
Trademark infringement for unicorn beverages is no fantasy
, June 2017
Montauk Juice Factory filed, January 2017, a trademark application for “Unicorn Latte,” and its The End Brooklyn cafe started serving the “healing beverage” late 2016. Starbucks promoted its limited-edition “Unicorn Frappuccino” in April 2017. The Juice was upset Starbucks horned in.
Ten cybersecurity tips for lawyers
, January 2017
Lawyers have an ethical obligation to protect their clients’ information. Electronic records add accessibility—and responsibility. Cybersecurity tips include Change the Password Often, Consider Dual Authentication, Limit Access to Need-to-Know, Disable Passwords When People Leave, Plan for Cyber Incidents, Train Staff and Attorneys, Document with NDAs, Investigate Your Vendors, Review Policies and Processes.
Musicians vs. politicians – The saga continues
, September 2016
Popular music has historically had political aspects. Politicians love music, using it to underscore their platforms, highlight their entrances, and set a tone for their campaigns. But musicians don’t always want politicians using their music. Several recent disputes are summarized.
Update from TM5 at the INTA 137th Annual Meeting
, August 2015
The members of TM5 began by each presenting information about the work handled by their respective offices, including the number of applications filed in 2014; effect of the Madrid system; and any improvement in processing, especially in the time period for examination.
Food fights in the Chicago trademark arena
, September 2009
Some foods inspire legions of fans, some of whom will go to great lengths to obtain their particular delicacy. Who can forget the episode of “M*A*S*H” where Hawkeye Pierce places a takeout order with Adam’s Ribs in Chicago and then arranges to have them delivered to the 4077?
“One day you’re in…..” – Louis Vuitton’s recent trademark cases
, May 2008
On the Bravo Channel’s Project Runway reality show, host Heidi Klum warns designers “in fashion, one day you’re in, the next day, you’re out.” Louis Vuitton, a division of LVMH Moet Hennessy Louis Vuitton SA, recently learned the same can be said in trademark courts, as it won a case and lost a case within a week of each other.
Pulling the Plug on “The Electric (Slide)”
, March 2007
Thousands of guests at weddings, bas mitzvah, Sweet Sixteen parties, company holiday gatherings, and other events have been cajoled into joining a line dance called “The Electric Slide” over the last thirty years.
What’s in a name?
, January 2007
Recent activity in the UK and USA have highlighted a celebrity’s use of name or nickname as a trademark.
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