Blogs > Trademark, Copyright, and Unfair Competition Law Blog

Unfair Competition

Oct 29, 2018

Splenda’s Fight over the Yellow Sweetener Packets at IHOP, Applebee’s Settles Amicably

The maker of Splenda sweetener, Heartland Consumer Products, LLC, filed suit in 2017, in the U.S. District Court for the Southern District of Indiana, alleging trademark infringement, false designation of origin, unfair competition, and trademark dilution against DineEquity which owns and operates Applebee’s and IHOP restaurants.  » Read More

Jun 29, 2018

Sixth Circuit Court of Appeals Affirms Fair Use of “Old Taylor” to Describe Colonel E.H. Taylor’s Historic Distillery Location

In a recent opinion, Sazerac Brands, LLC v. Peristyle, LLC, the U.S. Court of Appeals for the Sixth Circuit issued a decision finding in favor of a Kentucky bourbon distillery that their use of “the Former Old Taylor Distillery” or “Old Taylor” was classic fair use of Sazerac’s trademarks OLD TAYLOR and COLONEL E.H. » Read More

Apr 12, 2018

Register Now for FoodBiz NJ!

We are excited to present the breakout session, “Appetite for Branding,” during the FoodBiz NJ conference, sponsored by NJBIZ, on Tuesday, April 24, at The Palace at Somerset Park in Somerset. Along with Esther Psarakis, Managing Partner of Foodpreneur, we will discuss the business and legal challenges of branding in the food and beverage industry, and protecting restaurant decor. » Read More

Mar 12, 2018

When Your Rebranding Gets “Stone”-Walled

Earlier this month, Stone Brewing Company (“SBC”), a craft brewery in Southern California, sued Molson Coors Brewing Company and MillerCoors LLC (together “MillerCoors”) for trademark infringement and related unfair competition claims arising from MillerCoors’ use of the STONE® trademark in advertising its KEYSTONE beer.  » 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

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

Nov 14, 2014

Supreme Court allows POM Wonderful Lanham Act suit against Coca-Cola to continue

POM Wonderful LLC, which produces POM WONDERFUL® pomegranate juice, filed suit against Coca-Cola alleging that the label of one of Coca-Colas’ juice blends, which prominently displayed pomegranates and blueberries, was false and misleading because the product contained only scant amounts of pomegranate juice and blueberry juice, less than 1% total. » Read More