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.
Tag: trademark
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.
In 2019, if you want a quick, easy way to send or receive money without paying a fee, you are likely using the app Venmo. It has become so popular that people will often ask to be Venmo’d money. As can be the case, a noun becomes a verb based on heightened usage.
As of August 3, 2019, trademark applicants and registrants based outside of the United States will need a U.S.-based lawyer if they want to extend their protections to the U.S. A new rule announced by the U.S. Patent and Trademark Office (USPTO) states that the U.S.-based lawyer must be in good standing of a bar […]
The rock band Guns N’ Roses has been around since 1984 and is a known name in the music industry to just about everyone in the United States. While the band members have spent most of their lives creating and performing music, they are now going to be occupied with litigating a trademark infringement lawsuit […]
“Guns Up” is a slogan and hand signal used by Texas Tech University, originally as a way to counter the “Hook ’em Horns” symbol shown by the Texas Longhorns. It has grown in prominence to the point that the signal is often used as a victory sign at Texas Tech athletic events.
Myth: Filing one trademark application with the U.S. Patent and Trademark Office for a mark and receiving a registration will protect that mark for use with all goods and services.
In some trademark cases, the plaintiff sues the defendant for trademark infringement based on what is considered to be a reverse-confusion theory. This means that the plaintiff believes that consumers will mistakenly believe that the defendant is the source, affiliate or sponsor of the plaintiff’s product or service.
I thought that one of the better Super Bowl XLIII advertisements was delivered by Expensify, because it simply demonstrated the value of its service in an effective manner. It appears that a competitor is trying to benefit from Expensify’s Super Bowl exposure, which has led to the filing of a lawsuit by Expensify for trademark […]
Lululemon Athletica is suing Under Armour under claims of patent and trademark infringement, for allegedly copying a sports bra design. The “$52 Energy Bra – which has four straps that crisscross in the back – does it all,” according to Lululemon. Four of Under Armour’s sports bras, including “Under Armour’s Armour Eclipse Low Impact”, “Armour […]
An online golf apparel company called I Made Bogey is being sued by Tltleist. As Deadspin stated in its report, I Made Bogey “sells products with slogans you’d expect to see on the Wildwood boardwalk.” The majority of products on the site are parodies of Titleist, with the name “Titties.” Titleist, through its parent company, […]