Reuters via New York Times; Adidas Prevails in ‘Three Stripes’ Trademark Case
"A European court has sided with the German sporting goods maker Adidas on Thursday in its long-running attempt to block two trademarks for parallel stripes on shoes filed by a Belgian footwear company, saying they infringed on its own iconic three-stripe design."
Issues and developments related to IP, AI, and OM, examined in the IP and tech ethics graduate courses I teach at the University of Pittsburgh School of Computing and Information. My Bloomsbury book "Ethics, Information, and Technology", coming in Summer 2025, includes major chapters on IP, AI, OM, and other emerging technologies (IoT, drones, robots, autonomous vehicles, VR/AR). Kip Currier, PhD, JD
Showing posts with label trademark infringement lawsuit. Show all posts
Showing posts with label trademark infringement lawsuit. Show all posts
Monday, March 5, 2018
Thursday, August 17, 2017
Toblerone shape not distinctive enough for trademark, Poundland claims; Guardian, August 17, 2017
Sarah Butler, Guardian; Toblerone shape not distinctive enough for trademark, Poundland claims
"Poundland has claimed Toblerone’s shape is no longer distinctive enough to be a valid trademark, in legal documents defending its right to launch a copycat bar.
Last month, the budget chain was forced to delay the launch of its Twin Peaks bar, which has two humps rather than the single peaks of Toblerone, after a legal warning from the brand’s owner, a Swiss division of Mondelēz...
Toblerone is one of Poundland’s most popular products, with 11m bars sold last year. But the retailer says it decided to bring out Twin Peaks “in response to the unfavourable reception” that greeted Toblerone’s new version with fewer chunks, launched last year."
"Poundland has claimed Toblerone’s shape is no longer distinctive enough to be a valid trademark, in legal documents defending its right to launch a copycat bar.
Last month, the budget chain was forced to delay the launch of its Twin Peaks bar, which has two humps rather than the single peaks of Toblerone, after a legal warning from the brand’s owner, a Swiss division of Mondelēz...
Toblerone is one of Poundland’s most popular products, with 11m bars sold last year. But the retailer says it decided to bring out Twin Peaks “in response to the unfavourable reception” that greeted Toblerone’s new version with fewer chunks, launched last year."
Monday, August 14, 2017
Gucci sues Forever 21 for trademark infringement; CBS News, August 10, 2017
CBS News; Gucci sues Forever 21 for trademark infringement
"International fashion house Gucci has been sending its iconic stripes down the runway for more than half a century in blue-red-blue and green-red-green.
But they're not alone, reports CBS News' Dana Jacobson. Similar designs with similar stripes are being sold by Forever 21. Now Gucci is suing the fast-fashion retailer for trademark infringement.
"Gucci is really having a moment and driving a lot of sales with these stripes," said Susan Scafidi, director of the Fashion Law Institute at Fordham University.
"How can you actually trademark stripes?" Jacobson asked.
"When consumers recognize a certain striped pattern, whether it's Gucci's green, red, green, or Adidas' three-striped mark, then we give those companies recognition that those marks belong to those companies," Scafidi said."
"International fashion house Gucci has been sending its iconic stripes down the runway for more than half a century in blue-red-blue and green-red-green.
But they're not alone, reports CBS News' Dana Jacobson. Similar designs with similar stripes are being sold by Forever 21. Now Gucci is suing the fast-fashion retailer for trademark infringement.
"Gucci is really having a moment and driving a lot of sales with these stripes," said Susan Scafidi, director of the Fashion Law Institute at Fordham University.
"How can you actually trademark stripes?" Jacobson asked.
"When consumers recognize a certain striped pattern, whether it's Gucci's green, red, green, or Adidas' three-striped mark, then we give those companies recognition that those marks belong to those companies," Scafidi said."
Wednesday, May 24, 2017
Pandora Just Taught Every Business Out There What Not to Do In Logo Redesign; Inc.com, May 24, 2017
Wanda Thibodeaux, Inc.com; Pandora Just Taught Every Business Out There What Not to Do In Logo Redesign
"It's one of the most basic rules of business: Choose a logo that represents you and only you. After all, logos are supposed to be an identifier for your brand. But apparently, it's a lesson that Pandora hasn't quite learned yet. As Nicole Gallucci of Mashable reports, PayPal is suing the music streaming company for trademark infringement, claiming that Pandora's 2016 logo redesign is too similar to its own...
"It's one of the most basic rules of business: Choose a logo that represents you and only you. After all, logos are supposed to be an identifier for your brand. But apparently, it's a lesson that Pandora hasn't quite learned yet. As Nicole Gallucci of Mashable reports, PayPal is suing the music streaming company for trademark infringement, claiming that Pandora's 2016 logo redesign is too similar to its own...
7 tips to avoid Pandora's trouble
If you, like Pandora, have to come up with something new, keep these rules in mind:..
Oh, and when in doubt? There are these great professionals known as lawyers. Talk to one."
Monday, May 22, 2017
Biltmore Company wins trademark infringement case; WLOS, May 22, 2017
Jennifer Saylor, WLOS;
Biltmore Company wins trademark infringement case
"The verdict is in, and the plaintiff, the Biltmore Company, has won a trademark infringement case between it and Biltmore Bride, Prom and Tux.
The Biltmore Company sued the bridal company, claiming trademark infringement and cyberpiracy, as well as unfair and deceptive trade practices."
Wednesday, May 3, 2017
Eagles Sue Hotel California for Trademark Infringement; Hollywood Reporter, May 2, 2017
Ashley Cullins, Hollywood Reporter; Eagles Sue Hotel California for Trademark Infringement
""Through advertising targeted to U.S. consumers, and in-person communications, Defendants lead U.S. consumers to believe that the Todos Santos Hotel is associated with the Eagles and, among other things, served as the inspiration for the lyrics in 'Hotel California,' which is false," writes attorney Laura Wytsma.
""Through advertising targeted to U.S. consumers, and in-person communications, Defendants lead U.S. consumers to believe that the Todos Santos Hotel is associated with the Eagles and, among other things, served as the inspiration for the lyrics in 'Hotel California,' which is false," writes attorney Laura Wytsma.
"Hotel California" isn't just a hit song or the title of the Eagles' most successful album, it's the "essence of the band itself," Wytsma argues. Since the late '70s, the band has sold merchandise bearing the mark — everything from guitar picks to bathrobes to posters. (An application to register the trademark for merchandise is pending.)"
Saturday, April 22, 2017
'Reconstituted' Arthur Andersen closes U.S. offices amid trademark infringement suit; Accounting Today, April 20, 2017
Michael Cohn, Accounting Today;
"The original Arthur Andersen and Andersen Worldwide collapsed in the wake of the Enron and WorldCom accounting scandals of the early 2000s. However, the new entity's rights to the Andersen brand and trademark were challenged by Andersen Tax, a firm founded by a group of 23 former Andersen partners that has been growing its presence around the world after buying the rights to the Andersen name and changing its name from WTAS to Andersen Tax in 2014 (see Firms vie over rights to Arthur Andersen name).
Andersen Tax CEO Mark Vorsatz filed suit against Laffont-Réveilhac and several of his colleagues in France and the U.S. accusing them of trademark infringement, as the legal battle grew more contentious (see Dispute over Arthur Andersen name heats up). With former CEOs and managing partners of the original Arthur Andersen throwing their support behind Andersen Tax, along with the founder's great-granddaughter Kristin Andersen, the new Arthur Andersen canceled a press conference that was scheduled for last month in New York in which it had promised to answer questions about the dispute and provide testimonials from several Andersen alumni (see Former Andersen chiefs support Andersen Tax in dispute over Andersen name and Dispute over Arthur Andersen legacy continues)."
'Reconstituted' Arthur Andersen closes U.S. offices amid trademark infringement suit
"The original Arthur Andersen and Andersen Worldwide collapsed in the wake of the Enron and WorldCom accounting scandals of the early 2000s. However, the new entity's rights to the Andersen brand and trademark were challenged by Andersen Tax, a firm founded by a group of 23 former Andersen partners that has been growing its presence around the world after buying the rights to the Andersen name and changing its name from WTAS to Andersen Tax in 2014 (see Firms vie over rights to Arthur Andersen name).
Andersen Tax CEO Mark Vorsatz filed suit against Laffont-Réveilhac and several of his colleagues in France and the U.S. accusing them of trademark infringement, as the legal battle grew more contentious (see Dispute over Arthur Andersen name heats up). With former CEOs and managing partners of the original Arthur Andersen throwing their support behind Andersen Tax, along with the founder's great-granddaughter Kristin Andersen, the new Arthur Andersen canceled a press conference that was scheduled for last month in New York in which it had promised to answer questions about the dispute and provide testimonials from several Andersen alumni (see Former Andersen chiefs support Andersen Tax in dispute over Andersen name and Dispute over Arthur Andersen legacy continues)."
Sunday, March 19, 2017
Adidas Trademark War Means Three Stripes And You’re in Court; Bloomberg, March 15, 2017
Kim Bhasin, Bloomberg; Adidas Trademark War Means Three Stripes And You’re in Court
"Oftentimes, Whitney said, labels count on companies to back down over trademark issues, since they usually don’t think a legal war is worth the trouble.
Not this time."
Labels:
Adidas,
Forever 21,
shapes,
stripes,
trademark infringement lawsuit
Friday, March 17, 2017
Coachella Organizers Suing Urban Outfitters for Trademark Infringement; Rolling Stone, March 17, 2017
Ryan Reed, Rolling Stone;
Coachella Organizers Suing Urban Outfitters for Trademark Infringement
"Coachella Valley Music and Arts Festival and promoters Goldenvoice are suing Urban Outfitters for trademark infringement and unfair competition, among other claims. In a complaint filed Tuesday in the U.S. Central District Court of California, the companies assert that the retail chain improperly used variations of the long-running fest's name and trademark branding design for clothes sold by Urban Outfitters' Free People line."
Tuesday, March 14, 2017
Trademark infringement award for Sturgis rally set aside; Associated Press via Minneapolis StarTribune, March 14, 2017
Associated Press via Minneapolis StarTribune;
Trademark infringement award for Sturgis rally set aside
"A federal judge has vacated a nearly $1 million trademark infringement award made to the owners of the Sturgis Motorcycle Rally brand.
Sturgis Motorcycle Rally Inc., which owns the Sturgis logo, sued Walmart and a Rapid City retailer for allegedly improperly using the Sturgis trademark on merchandise. A jury awarded $912,500 to SMRI following a civil trial in October 2015, the Rapid City Journal reported (http://bit.ly/2mnnZYY ).
Federal Judge Jeffrey Viken upheld SMRI's trademark rights, but set aside the jury award against the defendants."
Friday, December 30, 2016
Run-DMC Files $50 Million Trademark Infringement Suit Against Amazon, Walmart, and Other Retailers; Slate, 12/30/16
David Canfield, Slate;
Run-DMC Files $50 Million Trademark Infringement Suit Against Amazon, Walmart, and Other Retailers:
"Billboard reports that Run-DMC has filed a lawsuit for more than $50 million against such entities as Walmart, Amazon, and Jet for trademark infringement. The hip-hop group is alleging that that these and other companies—in addition to about 20 unnamed individuals—continue to “trade on the goodwill of RUN-DMC,” using their name, their logo, and misleading products made in their “style” (such as fedora hats and square-frame sunglasses) without permission."
Labels:
Amazon,
Jet,
Run-DMC,
trademark infringement lawsuit,
Walmart
Monday, October 31, 2016
He dreamed of screams: Meet the man behind the modern haunted house; Washington Post, 10/26/16
John Kelly, Washington Post; He dreamed of screams: Meet the man behind the modern haunted house:
" Itsi Atkins always believed that if he built it, they would scream. And they did, by the thousands, at Blood Manor, the pulse-pounding, scream-inducing haunted house Itsi unveiled in 1971. When it became world famous — when a British tabloid called it “the sickest show in America” — Itsi knew that it had all been worth it — all that blood, all those severed limbs, all those fake guts and fake snakes, all those monsters, murderers and ghouls . . . And to think it started in the wilds of St. Mary’s County, Md... Itsi had trademarked the name “Blood Manor,” so when he saw the name being used for a Manhattan attraction — the sort of place lampooned in the “Saturday Night Live” David S. Pumpkins sketch — he sued them. They credited him with the name and concept on their website."
Monday, October 17, 2016
DISNEY SUES LIGHTSABER ACADEMY FOR TRADEMARK INFRINGEMENT; Comic Book Resources, 10/17/16
Jacob Hill, Comic Book Resources; DISNEY SUES LIGHTSABER ACADEMY FOR TRADEMARK INFRINGEMENT:
"According to The Hollywood Reporter, Michael Brown operated numerous businesses based on the Star Wars trademark including New York Jedi, the Lightsaber Academy and Thrills and Skills. After serving multiple cease and desist notices, Disney finally filed a complaint with the California federal court."
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