CASE STUDY: Unintentional Trademark Infringement

A New York City entrepreneur loves New York, fine coffee and his coffee shop Everyman Espresso. He also loves tattoos, adorning one on his fingers “I [coffee cup image] NY.” The tattoo was so expressive of his personal passion, he began using the tattoo images as a...

Ideas For TV Series or Movie

Ideas for a television series or a movie are rather difficult to protect under conventional trade secret law. The law does not allow someone to own an idea. You can own a way to carrying out an idea (patent) or a way to express the idea (copyright), but you can’t...

Paris Hilton not Flattered by Imitation

Celebrity socialite Paris Hilton launched a line of fragrances and bath products in 2004. Last year, Perfume Palace unveiled its line of fragrance and beauty products called “Paris, Paris.” Paris Hilton alleges trade dress and trademark infringement on the basis that...

We Don’t Drink that Poison in this Neck of the Woods!

Crown Royal’s purple bag with gold trim is distinctive trade dress that is protected on the Federal Trademark Register. Mexcor, Inc. manufactures and distributes a similar liquor product, Texas Crown, directly competing with Crown Royal.  Mexcor’s commercial depicted...

New Law for Fashion Designers?

Sometimes IP law is imperfect for protecting fashion design. The law is dynamic and needs to change as society changes. A pinch and a tuck is exactly what it needs. Congress has been considering a new 3-year right of protection for fashion designs under Chapter 13 of...