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Candy makers spar over packaging

Shook Hardy & Bacon LLP
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USA
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December 10 2010

Hershey Company has reportedly sued Mars for trademark infringement in a Pennsylvania federal court, alleging that colors used in the packaging for Mars's Dove peanut-butter milk-chocolate Promises candy is too similar to what Hershey uses for its Reese's Peanut Butter Cups

One Tough Cookie takes on food show, claims compromise of website ranking

Shook Hardy & Bacon LLP
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USA
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June 17 2011

A New York bakery and its shareholder have filed a trademark infringement action against the Food Network, claiming that its proposed “Tough Cookies” show would confuse consumers

Chicago hot dog makers at odds

Shook Hardy & Bacon LLP
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USA
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June 17 2011

Alleging trademark infringement and unfair competition, Vienna Beef Ltd. has sued a descendant of one of its founders and the competing hot dog company he established in 1986

Dispute over “mommy” on wine labels goes to court

Shook Hardy & Bacon LLP
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USA
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April 22 2011

Clos LaChance Wines has filed a complaint in a California federal court seeking a declaration that "Mommy" is not a protected trademark when used on a wine label and that the company's domestic wine products, "MommyJuice White Wine" and "MommyJuice Red Wine," do not infringe defendant's "Mommy's Time Out" imported wines

Hot dog fracas continues, court refuses to grant TRO motion

Shook Hardy & Bacon LLP
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USA
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July 1 2011

A federal court in Illinois has refused to temporarily stop Red Hot Chicago from allegedly marketing its hot dogs by referring to Ladany family recipes, claiming its recipes date back to 1893 or indirectly implying an affiliation with Vienna Beef

Chicken chain claims “Eat More Kale” infringes its trademark

Shook Hardy & Bacon LLP
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USA
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December 9 2011

After Vermont-based folk artist Bo Muller-Moore decided to apply for a federal trademark to protect his “Eat More Kale” T-shirt design, fast-food chain Chick-fil-A reportedly accused him of infringing its “Eat Mor Chikin” trademark

Greek yogurt company challenges denial of trademark registration

Shook Hardy & Bacon LLP
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USA
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October 7 2011

Fage Dairy Processing Industry, S.A. has filed a lawsuit seeking to overturn the Trademark Trial and Appeal Board’s refusal to register the yogurt maker’s “Fage Total” trademark and a declaration that its use of the mark does not infringe any claimed right of General Mills, which makes Total breakfast cereals

Spam maker sues prem maker for trademark and trade dress infringement

Shook Hardy & Bacon LLP
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USA
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April 1 2011

Hormel Foods, LLC has filed a complaint in a Minnesota federal court against a company that also makes a canned meat product, alleging that the company is infringing Hormel's SPAM trademark, which consists of yellow lettering on a blue background

Trademark rights to “heart attack” designation on food menus contested

Shook Hardy & Bacon LLP
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USA
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May 13 2011

A New York City deli has filed a lawsuit in federal court seeking a declaration that it has not infringed the trademark of an Arizona-based restaurant by selling an "Instant Heart Attack Sandwich" and planning to sell a "Triple Bypass Sandwich."

Olive garden settles “never-ending” trademark dispute

Shook Hardy & Bacon LLP
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USA
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June 10 2011

A federal judge in Florida has reportedly granted a motion for permanent injunction in a trademark infringement case involving two “never-ending” restaurant promotions