Let’s say tomorrow I produce an amazing product (a honey that doesn’t stick, a soda that never fizzles, thread that easily goes through a needle) and I am ready to take this creation to market. Now, what do I call it? Something catchy of course. As I sit down with my friends and brainstorm names, […]
Widerman Malek Law Blog
Bubbles by Brook Vs Brook Brothers
In another Goliath versus David trademark battle, Bubble by Brooks successfully triumphs over corporate giant Brooks Brothers in the rights to keep “Brooks” company name. Over a year ago, Bubble by Brooks owner, Amy Brooks received a trademark infringement action lawsuit from high end clothier Brooks Brothers. The Brooks Brothers attorneys stated in their case […]
Why Did Samsung Trademark “Galaxy Card”
On January 15th, Samsung trademarked the name “Galaxy Card”. But for what? Some are speculating that Samsung is looking to get into the Mobile Payment game, much like Google and other enterprising technologists have done. Innovating in other areas and trying to be more competitive with Google and Apple, Samsung has recently released a “wearable” […]
The Fight Over Use of “Crystal Glamour” is Decided
Austrian crystal jewelry maker, Swarovski has decided to not renew its trademark “Crystal Glamour”. In 2005, Swarovski received the registration for the term and filed the trademark as a “proposed to use” basis. However, their claim to the trademark was disputed by Crystal Knitters, a textile manufacturer from Tirupur. Crystal Knitters claims that they have […]
Starbucks vs. Exit 6 Brewery
On December 9th, 2013, Exit 6 brewery outside of St. Louis, Missouri received a cease and desist letter from one of America’s largest national chains for coffee, Starbucks. The Starbucks’ legal team contacted the brewpub in an effort to have the business stop using the term “Frappicino” to describe one of the brewery’s stouts, a […]
Duckhorn Vs. Duck Commander
Duckhorn Vineyards is suing Trinchero Family Estates over trademark infringement of their wine brand. Trinchero Family Estates recently paired up with A&E’s reality television family, Duck Dynasty, to produce a new wine called Duck Commander. Duckhorn argues their new wine brand infringes upon their already well established 30 year old brand causing consumer confusion. Is […]
Is it Scramble or Scrabble?
Smartphone word games popularity has exploded but is it because of their similarity to already existing word board games? The Mattel toymaker would argue this is indeed the case. They filed a lawsuit against Zynga for using a brand name too closely resembling their own. They argue that Zynga’s “Scramble with Friends” online word game […]
The NFL and Trademarks
I have been receiving a multitude of questions lately about use of NFL logos. I do give these folks a lot of credit for asking an attorney before moving forward with their ideas of using NFL logos. Most of these folks are asking whether or not they can put NFL logos on certain things and […]
Trouble for Washington Redskins Trademark
If there is one reason to file for trademark protection, a reason that probably plays at least some roll in all trademark patent applications, it is in one short word, money. If there is one industry that is very invested in the amount of revenue it brings in, its professional sports and in our case, […]