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Are Dr. Dre’s claims of likelihood of confusion and dilution enough to “beat” his opponents?

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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March 13 2013

Rapper Dr. Dre and the company he co-founded, Beats Electronics, LLC, are on the offensive at the US Trademark Trial and Appeal Board challenging a

David can beat Goliath in the trademark world just ask Mixed Chicks!

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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December 7 2012

On November 2, 2012, a federal jury in the Central District of California awarded Mixed Chicks LLC, a beauty supply company for mixed-race women, www.mixedchicks.net, $839,535 in actual damages and $7,275,000 in punitive damages for willfully infringing the MIXED CHICKS trademark and trade dress with its MIXED SILK line of products

How do you or don’t you state a case for a declaratory judgment in a trademark dispute?

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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December 5 2012

Ever since the US Supreme Court in MedImmune, Inc. v. Genetech, Inc., 549 U.S. 118, 127 S, Ct, 764, 166 L. Ed.604 (2007) threw out the “reasonable apprehension” test as defining the grounds for bringing a declaratory judgment action, courts have considered a wide variety of factual circumstances in deciding which meet the Court’s redefinition of “controversy.”

Google and Rosetta Stone settle AdWords trademark infringement suit

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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October 31 2012

Six months after the U.S. Court of Appeals for the Fourth Circuit reversed the district court’s dismissal of Rosetta Stone’s trademark infringement lawsuit against Google, the parties issued a joint statement today announcing that they have settled their legal dispute

Pattern designs on US Navy uniforms and fabric are non-functional protected trademarks

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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October 9 2012

A recent TTAB case addresses the issue of functionality and protection of design

S. 3523: Louboutin, Lululemon, and fashion design: finally getting some respect?

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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September 20 2012

A few weeks ago, the Second Circuit’s ruling in the Louboutin decision made clear that color as a trademark can be protected in the fashion industry

When can you claim a color as your trademark?

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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September 13 2012

In its recent decision in Christian Louboutin S.A. v. Yves Saint Laurent America, Inc., the Second Circuit held there was no “per se rule that would deny protection for use of a single color as a trademark in a particular industrial context.”

Louboutin wins round two against Yves Saint Laurent in fight over red soles

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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September 12 2012

The Second Circuit recently issued an opinion in the Louboutin v. Yves Saint Laurent trademark case

Avoid a “heart attack”: promptly register your trademarks

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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July 12 2012

On July 6, 2012, in Lebewohl v. Heart Attack Grill, LLC , a New York Judge made it possible, in the words of the Wall Street Journal, for people to continue to “Order Up a Heart Attack” in, at least, Las Vegas and Manhattan

Hershey thinks outside the box (or the candy wrapper) in seeking trademark protection for a product shape

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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July 12 2012

On July 2, 2012, the U. S. Patent and Trademark Office Trademark Trial and Appeal Board granted Hershey’s request to register the design and shape of a chocolate bar as a trademark on the Principal Register