Some Legal Pitfalls in the Marketing of “Natural” Products

Demand for so-called “natural” products is increasing. According to one published report, the natural products industry is experiencing “an average of about 8 percent growth.” Dietary concerns are at least one driving factor for the growth as consumers reach for “natural,” presumably healthier foods. One CEO in the natural products industry attributes the growth to … Continue reading Some Legal Pitfalls in the Marketing of “Natural” Products

If You are an Author Looking to Build a Brand, Here are Some Items to Consider

There are some things that are terrible ideas. In the realm of trademarks, #cockygate definitely qualifies. #Cockygate refers to self-published author Faleena Hopkins’ decision to obtain a federal trademark registration for “cocky” for romance novels and then send cease and desist letters to some of her competitors. The reason for the letters?  Like many romance … Continue reading If You are an Author Looking to Build a Brand, Here are Some Items to Consider

The Art of Selecting Strong Marks

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

From IHOP to IHOB and Back Again

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

One Blockchain Trademark Ledger to Rule Them All!

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!

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