When the Dumb Starbucks store showed up late last week in Los Angeles, there was a lot of media attention on it. One defense that I heard in the media was that it was a parody of a Starbucks store and, therefore, it was probably ok. That’s not exactly the case.
Trademarks can be so confusing. Is it ok to use the same trademark as someone else? A detailed analysis must be conducted before answering such a question. A great example of the type of analysis that occurs in trademark law can be found in the movie Coming to America.
Near the beginning of the film The Hangover: Part II, the four friends are walking through the Los Angeles International Airport on their way to board a flight to Thailand for Stu’s bachelor party. Alan, Mr. Socially Awkward, is carrying an over- the-shoulder bag appearing to be a pricey and lavish Louis Vuitton. While waiting […]
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 […]
