Widespread use of “Artistry” for jewelry tarnished jewelry wholesaler Artistry, Ltd.’s trademark infringement claim against the nation’s largest specialty jewelry retailer. The Sixth Circuit affirmed the dismissal of Artistry’s trademark infringement claims on summary judgement against Sterling Jewelers, Inc. this week. Artistry accused the owner of the shopping-mall jewelry stores Kay Jewelers and Jared of … Continue reading The Art of Selecting Strong Marks
Last month, breakfast lovers everywhere received a scare. On June 11, International House of Pancakes, also known as IHOP, announced it was changing its name to IHOB. The “B” in the new name? Was it short for biscuits? Brunch? Bacon? Breakfast? None of the above. The “B” is for burgers, the company revealed. Outrage followed … Continue reading From IHOP to IHOB and Back Again
Scenario 1: Every trademark litigator knows the drill, a company in a remote geographic market sends the client located hundreds or thousands of miles away a cease and desist letter. There is no market conflict and perhaps never will be, but the remote user obtained a federal trademark registration and desires to assert its constructive … Continue reading One Blockchain Trademark Ledger to Rule Them All!
Third-party certifications provide credibility to enhance a company’s reputation. But not all certifications are authorized by third-parties. What’s more, instead of using third-party certifications, some companies are creating their own and dubbing their products as leaders in the field without any third-party agency (private or public) providing the proverbial ‘thumbs up’! These certifications are aptly … Continue reading Part I: Credibility Through Certification – UL Standards & Selfie Certifications
Your marketing team discovers a competitor’s ad. You want the ad taken down IMMEDIATELY. What are the options? Your first thought might be to sue in federal court. The National Advertising Division (NAD) offers an alternative forum for challenging false advertisements. Multiple factors could determine whether traditional federal court litigation or a challenge in NAD … Continue reading Challenging False Ads in the National Advertising Division