by evansfox | Dec 23, 2014
Converse alleges its design is protectable trade dress, specifically its middle design and outsole design. The midsole design has a bumper and a toe cap plus an upper and/or lower strip. The outsole design is a distinctive diamond pattern. Converse’s lawsuits name...
by evansfox | Dec 23, 2014
One basis for opposing intent to use trademark applications is to show lack of a bona fide intent to use the mark at the time the application was filed. Defending against these claims requires documentation of actual intent to use the mark as claimed in the...
by evansfox | Dec 23, 2014
If you share a name with a famous mark, you may be restricted in the use of your own name. It is especially important to refrain from creating associations with the well-recognized brand. Estates of the celebrity or iconic brand owner often litigate to preserve the...
by evansfox | Nov 3, 2014
Ahol Sniffs Glue, a graffiti artist, uses his public art to express his social activism message and counter-cultural criticism. His Ocean Grown graffiti mural is displayed on a public building in Miami. American Eagle launched an advertising campaign where the...
by evansfox | Nov 2, 2014
Employees and key company executives have access to proprietary business information that can be key to the company’s market position. Protecting this critical information is top priority for any business. There are seven basic things any business can do to protect...
by evansfox | Nov 2, 2014
Black Bear Micro Roastery has coffee flavors named “Mr. Charbucks” and “Charbucks Blend”. Starbucks Corporation was not amused and sued the micro-roaster for trademark dilution and blurring. Although Starbucks did meet the standard for a famous mark, the court found...