A defendant can only be liable for trademark infringement if a third party’s owned trademark registration is used in a trademark way. Stated in another way, the defendant’s use needs to be one where the mark is identifying the source of the good or service. The creator of a well-known chocolate nut pie learned that […]
Who is the rightful owner of a social media account? This has become a very important question no matter whether the account is on Twitter, Instagram, Facebook, Snapchat, TikTok. Disputes commonly arise surrounding the ownership of social media accounts when employees who had access to and used those accounts during their employment are no longer […]
Is it considered to be trademark infringement when one company decides to purchase keyword advertisements on search engines or the like, using another’s trademark registrations within the purchased search terms? A new recommendation from a U.S. Magistrate Judge sitting in the Northern District of Texas provides some thoughts on the subject matter. In the case […]
One of the big reasons why individuals and companies choose to apply for the registration of trademarks is to enforce those registered marks against infringers. By owning a valid trademark registration, one is able to file suit in federal court and seek monetary and/or injunctive relief. The type of monetary damages on the table has […]
Heitner Legal is your one-stop shop for all of your trademarking needs. Contact us for more information after reading this article. There are a number of reasons to file a trademark application with the U.S. Patent and Trademark Office, with the ultimate goal of earning a trademark registration. Among the most important reasons for possessing […]
Heitner Legal is your one-stop shop for all of your trademarking needs. Contact us for more information after reading this article. It is our belief that there has never been a time in the history of the United States that trademarking has been as important as it is today. Thus, you will want to make […]
Is the word “RIOT” now so attached to the company Riot Games that no other company can use the word in its name? Riot Games seems to think so based on its recent initiation of a lawsuit in the U.S. District Court for the Central District of California.
Gatorade used the slogan “Gatorade The Sports Fuel Company” and SportFuel, Inc. sued, claiming trademark infringement. The district court threw out the case after it decided that Gatorade’s slogan was construed as fair use. SportFuel appealed.
Mondelez is suing a company called Stoney Patch for trademark infringement. It claims that THC gummy products created and sold by Stoney Patch were intentionally designed to copy the Sour Patch brand under a confusingly similar name and packaging. It additionally says that it is especially concerned about confusing children, since the packaging is likely […]
The State of Illinois is home to a big new battle over the rights to use marks related to male grooming. You have definitely heard the words “manscaping” and “manscaped” used before, and now they are basically the subject of a federal court trademark dispute.