Know when to stop wasting money on trademark litigation
, November 2015
Pursuing litigation to achieve an apology or an an acknowledgment of wrong doing (litigating on principle) often yields unsatisfying results at high expense. Tartell v. South Florida Sinus and Allergy Center, Inc., 14-13178 (8th Cir. 2015) illustrates physicians forgetting the maxim, First Do No Harm, among cybersquatting, false designation of origin, and unfair competition claims. The case continued through a four-day bench trial and 8th Circuit appeal, due to defendant’s refusal to accept responsibility while plaintiff sought a statutory windfall for a short and largely pointless deceit.
Use your trademark consistently or it will be weak: WD-40 in the crosshair
, August 2015
The consistent use of a trademark is very important to maintaining its strength. Trademark strength is one factor in determining whether there is a likelihood of confusion between two marks and therefore infringement. If you have a weak trademark you will have a harder time asserting infringement against similar marks.
Seventh Circuit questions usefulness of trademark surveys
, February 2014
Defendant, restaurant operator planned to expand its restaurant sales to food products in grocery stores under its CRACKER BARREL & Design logo. Kraft, maker of CRACKER BARREL cheese, won an injunction, affirmed by the Seventh Circuit, which questioned consumer survey utility in trademark disputes.
Plaintiff’s covenant moots counterclaim of trademark invalidity
, March 2013
Already LLC v. Nike Inc., deals with whether a plaintiff trademark holder can easily moot a case when a defendant challenges the validity of the trademark and what impact the mooting will have on the plaintiff’s trademark rights.
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