Blogs > Trademark, Copyright, and Unfair Competition Law Blog

Lanham Act

Jun 09, 2016

Thinking About a Themed Business? Read this first!

In addition to protection for traditional trademarks and copyrights, businesses are also looking to promote and protect a product’s trade dress.  Non-functional elements of a product’s trade dress, such as shape, color, design, and layout can also distinguish your product and emphasis on these elements should be made in marketing efforts.   » Read More

Nov 19, 2015

Veteran-owned Consulting Firm Wins Trademark Dispute over its Right to use Military Themes in its Business

Last week, the Georgia Court of Appeals dismissed a trademark infringement case against a veteran-owned organization seeking to use military-themed concepts in its business model.  Atlanta-based Afterburner, Inc., a military-themed consulting firm, filed suit against The Corps Group alleging that The Corps Group impermissibly used jet aviation imagery and military themes in violation of Afterburners trademarks and trade dress. » Read More

Aug 21, 2015

Google’s Corporate Reorganization a Reminder to Consider the ABC’s of Trademark Clearance

Google, Inc.’s announcement of its corporate reorganization and introduction of its new conglomerate holding company Alphabet caught the attention of investors and tech-company enthusiasts around the world.  The announcement raised questions about how the new corporate structure would impact Google’s operations and profitability.  » Read More

Jul 14, 2015

TTAB Decision On Redskins’ Trademarks Upheld by District Court

The Eastern District of Virginia issued an order this week upholding the Trademark Trial and Appeal Board’s decision to cancel six trademarks (the “Redskins Marks”) held by Pro-Football, Inc., the owner of the Washington Redskins.

Pro-Football had appealed the Trademark Board’s 2014 decision in which it found that the existing registrations “may disparage” Native Americans.  » Read More

Mar 18, 2015

TTAB Decision Can Have Preclusive Effect Says Supreme Court in B&B Hardware Decision

The Supreme Court issued its decision in B&B Hardware, Inc. v. Hargis Industries, Inc.  For those readers unfamiliar with this case, we previously discussed it after the Supreme Court heard oral arguments and provide background on the case here.

The Court determined that, provided other general elements of issue preclusion are met, a decision by the Trademark Trial and Appeal Board (TTAB) can have preclusive effect if the actual usage of the relevant marks considered by the TTAB,  are materially the same as those before a district court.  » Read More

Feb 27, 2015

Hellman’s Owner Sues Competitor Over Egg-Free “Just Mayo”

Unilever, owner of Hellman’s, challeged Hampton Creek’s egg-free mayo product, “Just Mayo” alleging that the label, which depicts a pea shoot in an egg, falsely suggests to consumers that they are buying mayonnaise, which contains eggs.  Hampton Creek replaces eggs with yellow peas in its spread and touts the product as better for your body, wallet and the planet.  » Read More