Category Archives: Trademark Litigation
Taco Bell Petitions Government To Cancel Trademark Of ‘Taco Tuesday’
In another public trademark battle, Taco Bell is fighting to cancel the federally registered trademark of the phrase “Taco Tuesday”. The phrase is trademarked by two small companies called Spicy Seasonings LLC and Gregory Hotel Inc., but Taco Bell’s argument suggests the “common phrase…should be freely available to all who make, sell, eat and… Read More »
Trademark Law And Trademark Infringement
Trademarks play a crucial role in branding and are an essential component of many successful companies and corporations. A trademark helps customers recognize a brand and distinguishes itself and its products or services from its competitors. A trademark can be a name, logo, symbol, design, or phrase that is used to represent a company… Read More »
Can You Protect Your Intellectual Property?
Part of having a business or brand is your colors, your logos, your saying and the other graphics and words which identify your business as your own. These things—often called intellectual property—can have a value in and of themselves. In fact, in many cases businesses that are long defunct, often find that whoever owns… Read More »
Trademark Law: You No Longer Need to Prove ‘Willfulness’ to Recover the Infringer’s Profits
The U.S. Supreme Court ruled that the plaintiff in a trademark infringement lawsuit can recover the infringer’s profits without having to prove “willfulness” on the part of the infringer. For decades, the “willfulness” element had been a requirement in order to recover the infringer’s profits under the federal Lanham Act. The historic decision to… Read More »
How to Check if a Trademark is Registered to Avoid an Infringement Claim?
Every business needs its own trademark. A trademark is a recognizable word, phrase, and/or symbol that a company uses to identify itself, its products and services, to set itself apart from the competition. Creating a trademark can be a tedious process, but even more exhausting is making sure that the mark is not already… Read More »
Inter Miami Loses Trademark Decision to Inter Milan—May Be Forced to Change Name in the Future
Inter Miami CF is set to join America’s top professional soccer league, the MLS, for the 2020 season. The team will play at a freshly renovated complex in Fort Lauderdale. However, it is not entirely certain as to what this team will be called—at least in the long run. That is because Inter Milan,… Read More »
Supreme Court Hears Oral Arguments in Trademark Case—Court Must Decide if Negligent Infringement Warrants Forfeit of Profits
On January 14th, 2020, the Supreme Court of the United States heard oral arguments in the case of Romag Fasteners Inc. v. Fossil Inc.—a legal dispute over what types of damages can and should be awarded in a case involving negligent, but not intentional trademark infringement. More specifically, the nation’s highest court must determine… Read More »
The Beatles Will Not ‘Let it Be’—Their Company Filed a Trademark Infringement Lawsuit Against Alleged Counterfeiters in South Florida
On November 18th, 2019, the London-based company that owns much of the Beatles’ intellectual property filed a trademark infringement lawsuit in the United States District Court for the Southern District of Florida (Apple Corps Limited and Subafilms vs. The Individuals, Partnerships and Unincorporated Associations). The plaintiff alleges that the (as of now) anonymous defendants… Read More »
Florida Legislators are Pushing a Bill to Allow College Athletes to Profit on their Likeness
According to reporting from CNBC, Florida lawmakers are preparing a bill that will allow college athletes to profit off of their likeness and accept endorsement contracts. Among other things, the reformed law is expected to let amateur athletes sign endorsement agreements, obtain trademark rights, and use their image to make a profit. Notably, California… Read More »
LeBron James Files Trademark Registration for ‘Taco Tuesday’
According to reporting from The New York Times, a company owned and controlled by Los Angeles Lakers forward LeBron James (LBJ Trademarks LLC) has filed a claim to obtain trademark protection for ‘Taco Tuesday’. Over the last several months, Mr. James has consistently posted on Instagram and other social media sites using the term… Read More »
New Balance Files Trademark Infringement Lawsuit Against Nautica, Alleges Improper Use of the Letter ‘N’
If you have ever owned a pair of New Balance sneakers, you are probably familiar with the fact that these shoes typically have a large and blocky capital letter ‘N’ on the side of them. Earlier this week, New Balance filed a trademark infringement claim against another apparel company seeking to protect that distinguishing… Read More »
A Florida Mother is Locked in a Trademark Battle With the Tech Giant ‘Uber’
According to reporting from the New York Post, Carolina Vengoechea — a mother from Miami, Florida — is currently embroiled in a trademark dispute with the nation’s largest ridesharing company Uber. The case revolves around her beauty salon smartphone application “BeauBer” — which the company believes is infringing on its trademark. For her part,… Read More »
USPTO Announces New Trademark Rule: Foreign Applicants Will Be Required to Have U.S. Attorney Starting in August 2019
On July 2nd, 2019, the United States Patent and Trademark Office (USPTO) announced new regulations that will impact foreign companies and foreign individuals who are involved in trademark cases in the United States. Under the updated rules, foreign-domiciled entities will be required to seek representation from a trademark law attorney who is licensed to… Read More »
Supreme Court Officially Strikes Down Law Barring ‘Offensive’ Trademarks
According to reporting from the Associated Press, the Supreme Court of the United States struck down a key section of the federal code (part of the Lanham Act) that previously prevented individuals and companies from obtaining trademark protection for marks deemed to be scandalous, immoral, or otherwise offensive. Notably, this decision comes after other… Read More »
The Owners of Miami’s Magic City Casino have Filed a Trademark Infringement Lawsuit Against Local Developers
According to reporting from the SunSentinel, West Flagler Associates, the company that owns Miami’s Magic City Casino, has filed a trademark infringement claim against a South Florida developer. West Flagler Associates is seeking to confirm its intellectual property rights in regards to the term ‘Magic City’. Below, our Miami trademark litigation lawyers provide an… Read More »
The Internet Meme ‘Florida Man’ is Now the Subject of a Trademark Filing
Popularized in recent years, the term ‘Florida man’ is an internet meme used to refer to news stories — arising out of the state of Florida — in which people do ill-advised or downright bizarre things. As explained by the Miami New Times, the term likely became associated with Florida because of the state’s… Read More »
Inter Miami, Major League Soccer (MLS) are Opposing Inter Milan’s American Trademark
In January of 2018, the City of Miami was awarded a Major League Soccer (MLS) franchise. At the current time, the club is set to join the top professional soccer league in the United States at the beginning of the 2020 season. Playing in a brand new 18,000 seat stadium in Fort Lauderdale, the… Read More »
FLAG Act Introduced in Congress, Bill Would Give State and Local Governments Access to Trademark Protection
In April, a bipartisan group of Senators, including lead co-sponsors Thom Tillis (R-North Carolina) and Amy Klobuchar (D-Minnesota), introduced the Flag Act into Congress. If enacted this legislation would give state and local government entities the legal right to obtain federal trademark protection for their flags and other official symbols. Here, our West Palm… Read More »
Trademark Infringement Claim: Patagonia Sues Anheuser Busch Over Its New Beer
According to reporting from CNN, Patagonia has filed a trademark infringement lawsuit against the multi-national beer maker Anheuser-Busch. Recently, Anheuser-Busch began marketing and selling a “Patagonia” branded beer. The outdoor clothing company contends that the beer evokes its brand and its logo. As such, Patagonia alleges that their trademark rights are being violated. For… Read More »
Florida Federal Judge Dismisses “Volt” Trademark Infringement Lawsuit; Lack of Jurisdiction
According to reporting from Reuters, a federal judge in Hillsborough County, Florida has dismissed a trademark infringement lawsuit for lack of jurisdiction. The trademark claim was filed by a Tampa, Florida-based lighting company called “Volt” against a Hillsboro, Oregon company called the “Volt Lighting Group.” The defense for the Oregon-based defendant claimed that the… Read More »
