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Trademark Law Archives

Confusion is the hallmark of trademark infringement

Watching television, reading magazines or just driving down the street, California residents are bombarded with the logos of fast food restaurants and retailers. Children begin to recognize these symbols from a young age. Therefore, if someone uses a substantially similar trademark, people could easily become confused. Trademark infringement not only affects consumers, but it affects the companies who have taken the time to build their reputations around their logos even more.

Make-up company settles trademark dispute with Avon

After an innovative new product hits the market and becomes a big success, it naturally follows that competitors will want to come up with a similar item to keep up. Sometimes, these new products cross the line and infringe on the trademark owned by the original product’s creator.

Apple loses appeal of 'iPhone' trademark ruling in China

To prove trademark infringement, the allegedly aggrieved party must prove, among other things, that the defendant’s use of the trademarked material is likely to cause confusion among average consumers. In other words, if a consumer would see the plaintiff’s name or logo on a piece of the defendant’s merchandise and believe the item came from the plaintiff.

It's Beyoncé vs. Feyoncé in a trademark infringement suit

When a person becomes a big enough celebrity, their name becomes valuable property. Endorsements and other uses of their name are so valuable that celebrities often take the legal step of trademarking their name, whether it is their legal name or a stage name.

U.S. Supreme Court to hear patent review case

Intellectual property such as patents, copyrights and trademarks are often the most valuable assets of companies in California, and they may go to great lengths to see that they are protected. Business owners could be forgiven for thinking that proprietary technology, formulas or designs are safe from infringement once a patent has been issued by the U.S. Patent and Trademark Office, but a review process put into place in 2012 may prompt them to reconsider this assumption.

Sony's trademark application rejected

People in California who like video games and who follow YouTube may be familiar with the phrase 'Let's Play." This is the term used in the titles of enormously popular YouTube videos that feature recordings of video games with commentary by the players. Recently, Sony attempted to trademark 'Let's Play" but had its trademark application rejected.

Denial of offensive trademarks found to be unconstitutional

Businesses in California may now have the option of trademarking a name or logo that others might view as offensive. On Dec. 22, the U.S. Court of Appeals for the Federal Circuit decided that the portion of a federal law banning the registration of offensive trademarks was not constitutional because it violated the First Amendment.

Trader Joe's sued for allegedly copying famous cookies

Cookie maker Pepperidge Farm is suing California-based grocery store chain Trader Joe's for trademark violations. According to Pepperidge Farm, Trader Joe's has been selling a product called Crispy Cookies that is too similar to its famous Milano cookies. Pepperidge Farm says that Trader Joe's actions are malicious and calculated and that the company has made hundreds of millions of dollars by trading on the reputation of Milano cookies.

Judges rule against Pinterest in trademark infringement cases

California residents may be interested to learn about some trademark litigation involving the social networking site Pinterest. In two recent cases, judges ruled against Pinterest when the company attempted to sue other online companies that were using the term 'pin" and variations on the word 'pin." There are no reports to indicate that Pinterest has any plans to appeal either of the court decisions.

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