Understanding Intent to Use Applications

The Risk of ‘Intent to Use Applications’ in Trademark Law Trademark owners who apply for “intent-to-use (ITU) applications” are at risk of losing trademark rights if the identification of goods and services with the intent to use application are broader than the actual intended use of the trademark. A recent case emphasized that applying for a larger application than is actually used is not always a wise idea. This case, Kelly Services v. Creative Harbor, emphasized that potential plans for use of

Protecting Trademarks in the Healthcare Industry

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Due to a growing need for medical care, the healthcare industry is one of the most rapidly expanding areas of business in the United States. As old healthcare companies try to maintain a secure trademark in the industry, newer healthcare companies are able to create a point of identification for consumers. If you are interested in protecting trademarks in the healthcare industry, there are some recommended steps that you should follow. Unique Problems for Healthcare Trademarks One of the most significant

Trademark Trolling: Video Game Company Trademarks Cyberpunk

The CD Projekt Red company recently trademarked the word “Cyberpunk” in preparation for the release of the company’s latest franchise, Cyberpunk 2077. Some individuals have expressed concern that CD Projekt Red might begin to appropriate “Cyberpunk” and enforce the use of the phrase in a negative manner. Responding to these concerns, CD Projekt Red expressed that “Cyberpunk” had been trademarked to protect the company’s work and that the company does not intend on using the trademark offensively. CD Projekt Red went so far

Trademark Infringement on the Rise

A recent study conducted by Compumark, a leading research agency, in 2016 revealed that eighty percent of C-level executives report that trademark infringement (TMI) is on the rise but only 20 percent of these executives have plans in place to actively watch more than three-quarters of their marks. The study also revealed that litigation in the field is particularly common with more than half of the executives indicating that their organization had initiated legal action against third parties who had infringed on their

Apple’s Trademark Lawsuit vs Swatch

Apple recently filed a lawsuit against the Swatch company under the claim that Swatch is capitalizing on Apple’s mark. Apple’s Trademark Lawsuit vs Swatch for placing the phrase “tick different” on certain watches is similar to Apple’s 1990 “think different” ad campaign. While the case is being heard in Sweden, Swatch applied for and was granted a U.S. trademark for “tick different” over two years ago with its mark officially published in October 2016. Swatch has previously litigated against Apple twice

Food Company Files Willful Infringement & Unfair Competition Claim

Amplify Snack Brands has filed a Federal Trademark Infringement and Unfair Competition (UC) lawsuit to prevent its competitor Snyders-Lance from the use and importing of popcorn products copying Amplify’s SKINNYPOP® popcorn trademark. SKINNYPOP® is one of the largest popcorn makers in the United States with over $200 million of sales in the United States in 2016.Amplify’s lawsuit alleges that Snyders-Lance is preparing to introduce a competitor popcorn brand called Metcalfe’s “Skinny” popcorn.As a basis for legal action, the complaint lists willful infringement of Amplify’s SKINNYPOP® trademark

How to Avoid Common Errors in Trademark Filing

One of the most common ways our law firm helps individuals is by correcting mistakes that were made in Trademark Filing. If not properly remedied, some of these errors have the potential to create problems for the mark holder. The United States Patent and Trademark Office has particularly complex laws regarding how trademarks should be filed. Due to these complicated laws, statistics for the first quarter of 2017 reveal that not every trademark is properly filed. In order to ensure that a trademark is

Rock Band Faces Trademark Lawsuit from The Slants

The Portland, Oregon-based band, The Slants, has been facing an eight-year legal battle. The band’s trademark lawsuit struggle began when their application for a trademark was rejected by the United States Patent and Trademark Office several times. The federal government then ruled that band’s name violated the Lanham Act, which prevents applicants from trademarking disparaging terms. In late 2015, the United States Court of Appeals ruled that the government had violated the band’s First Amendment rights. The government then appealed the ruling

Colorado Taco Company Involved in Trademark Lawsuit over Damn Good Tacos

The Austin-based Torchy’s Tacos, famous for its “Damn Good Tacos” has initiated a legal action (a trademark lawsuit) against a Colorado company over its name, “Dam Good Tacos.” Torchy’s parent company, Success Foods Management Group LLC, is seeking monetary compensation from the Colorado Company’s parent company, Dam Good Systems LLC. Success Foods also wants Dam Good Systems to switch control ownership of its social media and internet accounts to Success Foods Management. This case highlights the importance that the words a company

McDonalds Accused of Trademark Bullying

The fast food company McDonald’s was recently accused of of being a trademark bully in a complaint filed with the European Union Intellectual Property Office by the founder and CEO of the Supermac fast food chain. The company claims that McDonald’s is bullying its competition by trademarking every word containing either “Mc” or “Mac.” While this case involves a decision by a European court, trademark bullying is also a significant problem in the United States. Each year, there are a number of cases in