Victory and Monster: The Battle of the Energy Drink Firms

Missoula small business and the giant soft drink company in the middle of a trademark battle regarding their energy drinks products. The Missoula is accused by the Monster energy drink company of trademark infringement. Monster sent on September 10, according to the court document, a letter demanding Victory to stop selling its products disclose Victory’s sales of all products bearing the disputed logo, and pay for attorney’s fees incurred, among other stipulations.

The Tale of Trademark Registration: What Can Tyler Perry Teach You?

By Ozelle Martin | amdlawgroup.com
Tyler Perry is a highly acclaimed film creator, screen and play writer, actor and now, a new trademark owner. Recently, he was involved in a blistering trademark battle, in the case of Tyler Perry Studios, LLC v. Kimberly Kearney. The featured actor in this tale of the trademark registration of “What Would Jesus Do?” was “use in commerce.”

John Wayne Family Loses Round One to Duke University in Trademark Fight

As a fan of the great John Wayne you should be aware that he was referred as “Duke,” “Duke Morrison,” “Duke Wayne,” “Duke and The Duke” — a nickname that derived from his boyhood dog named Duke. John Wayne Enterprises, a Newport Beach Corporation filed a trademark application back in 2013 for the marks “Duke” and “Duke John Wayne” for alcoholic beverages excluding beers.

Michael Kors… Or Michael Yours…and Hers…and His

By Breanna Pendilton | amdlawgroup.com
The Michael Kors brand is arguably one of the most expensive and well-known labels in today’s fashion world. But these same characteristics, (expensive and well-known) are exactly what’s destroying the reputation of this brand. Outlet stores and small business are jacking down the prices, and while the good ole’ Michael Kors’ stores still exist, customers are much more apt to buying them cheaper at other discount stores and retailers.

The Brand Protection Woes of the Fashion Brand Zara: Chinese Trademark “Hijacking”

The Brand Protection Woes of the Fashion Brand Zara: Chinese Trademark “Hijacking”

News about Zara is all over the press lately. Zara’s founder, Amancio Ortega, recently surpassed Warren Buffet as the world’s second-richest man; several days later, the billionaire was also accused of being one of the most racist. Now, a $40 million discrimination lawsuit claiming he favors hiring employees who are “straight, Spanish and Christian”, has been filed against him. This lawsuit absolutely adds fuel to the flames for Zara, because remotely in China, Zara’s “backyard” is “on fire”.

Obvious Copying of an Iconic Design Yet Still an Uphill Battle

Owned by Nike since 2003, Converse’s Chuck Taylors have existed as a classic pair of shoes. Converse’s Chuck Taylor All Stars, commonly known as “Chucks,” are well-recognized by its classic rubber toe and sole and variety of colors. But over the years, look-a-likes from brands like Skechers, H&M, Fila, Ralph Lauren, Walmart, and several others have now led Converse to sue 31 companies for trademark infringement.

Why Solopreneurs Need Trademark Protection

Why Solopreneurs Need Trademark Protection

Your trademark, like your name, is your identity, because, as a solopreneur, your business is yours and yours alone. And unlike your personal name, which you most probably did not choose, you worked and thought long and hard before you decided on your business trademark. You should have chosen a name that is unique, and that cannot be confused with the trademark of any other business, whether in a field similar to yours or those that have nothing at all to do with what you do. Now, you need to make sure that it is protected so that it belongs only to you, and so that when you decide to pursue other opportunities, you can even sell your trademark along with your other business assets.

Amazon’s Merchandising and Trademark Law

Muti Time Machine Inc, v. Amazon.com deals with the question of whether Amazon’s search results violate trademark law. Multi Time Machine sued Amazon for copyright infringement. For those of us who are familiar with Amazon, we have probably found ourselves searching for something on Amazon, adding it to our shopping bag, and then proceeding to find another ten items we would also like to buy. There is no doubt that Amazon benefits customers in the way that it offers complementary and competitive products. On the other hand this does not make many trademark owners happy as they may loose the purchase to a competitor

Know What You Stand For

Originally posted 2013-03-06 17:52:51. By Tasha Schmidt | amdlawgroup.com Do you have a company or a brand that you have started? Are you aware of how you appear or what you stand for to people around you? In our day in age, not only should you be aware of how you are being viewed as […]

Reinventing the Pizza Won’t Get You Trademark Protection

Last week, Judge Costa of the Southern District Court of Texas (Galveston Division) ruled against New York Pizzeria, Inc. (NYPI) on its claims for damages regarding infringement of its flavors and plating methods of its menu items. The suit was brought by former president of NYPI, Raviner Syal (Syal), claiming that he took advantage of his access to NYPI’s recipes, suppliers, and other internal documents. In doing so, NYPI claimed that Syal has created a similar restaurant chain, Gina’s Italian Kitchen (Gina’s), which includes items on its menu that mimic the flavor and uniqueness of NYPI’s cuisine.