To prevail on a Lanham Act trademark claim in the Ninth Circuit, a plaintiff must prove: (1) that it has a protectable ownership interest in the mark; and (2) that the defendant’s use of the mark is likely to cause consumer confusion. The first element is rather easy to prove if one has a valid […]
In 1916, a glass bottle manufacturing company in Terre Haute, Indiana won a bottle design contest. Their contour shaped bottle is today recognized worldwide by billions of consumers and is one of the most recognizable examples of trade dress protection. The glass bottle company was The Root Glass Company. The bottle they designed was for […]
Have you recently seen the new Dior J’Adore commercial starring Charlize Theron? Did you happen to notice her co-stars in the commercial? If so, you may have seen cameo appearances made by Marilyn Monroe, Grace Kelly, and Marlene Dietrich. Isn’t it nice these famous leading ladies were able to come back from the dead to […]
As a native New Englander, I have been known to say the phrase “wicked awesome” repeatedly when describing an enjoyable moment. This phrase is quite commonly used by New Englanders so it is not very original. However, if I was a professional athlete I may wish to trademark this catchphrase. As a famous athlete, this […]
