American Airlines Sues Expedia Over ADD ON ADVANTAGE Mark

The stereotypical trademark bullying case is the big company picking on the small company. But as we saw yesterday, a big company suing a smaller company for trademark infringement does not necessarily mean the big company is a bully. And what we will talk about today demonstrates that trademark bullying can occur between equally sized …

Hard Rock Should Not Have to Pay Startup Attorney Fees

Hard Rock Cafe Inc. does not think it’s fair to pay the attorney fees of a startup after suing the young company for trademark infringement. Hard Rock Cafe is a chain of theme restaurants founded in 1971 that has expanded to include casinos, hotels, a park, and sports stadium. RockStar Hotels launched in January 2017, …

Reinforcement that Trademark Classes are Irrelevant

The Trademark Trial and Appeal Board has said before that trademark classes are irrelevant to determining likelihood of confusion. A recent decision involving the SWISS certification mark reinforces this point. Pearl 9 Group, LLC filed a trademark application to register the mark I.W. SUISSE for “clocks and watches; parts for watches; watch bands and straps; …

Similar Trademarks Matter In The Dilution Analysis

The dilution analysis requires evaluating¬† search results for more than just trademarks sharing a similar element. It requires finding similar trademarks. This issue was on display in a recent Trademark Trial and Appeal Board decision. Don Vintache Inc. filed a trademark application to register the mark DIAMONDS ON THE ROCKS (in standard characters) for “jewelry, …

Heisman Trophy Trust Sues Owners of Hiesman Watch Website

The Heisman Trophy is awarded to the most outstanding player in college football. Unlike other most valuable player awards, the Heisman Trophy winner is spotlighted. ESPN, for example, has the Heisman Watch, but not the MLB, NFL, NBA, or NHL most valuable player tracker. Chase Leavitt, Joseph Middleton, and Kimball Dean Parker are Utah residents …

Study Shows Correlation Between A Trademark Filing And Growth

When dealing with intangible property, it is often hard for a business owner to understand why money should be spent on, for example, a trademark filing. Obtaining a trademark registration can be expensive depending on the path the business owner chooses when starting the trademark registration journey. And the effects of that decision to make …

Perplexing Trademark Office: Clothespins Related to Scissors

A recent Trademark Trial and Appeal Board decision where the Board found clothespins related to scissors again demonstrates that relying on International Class numbers in a trademark search rather than prior case decisions involving the relatedness of goods factor will lead to wrong search results. Ing. Monika Norkova filed a request for extension of protection …

The Diageo Marketing Effectiveness Tool: TM Lawyers take Notice

In our data driven world, it is not surprising to read that some brands are creating a culture of marketing effectiveness. The days of making an educated guess about what marketing efforts could be successful are slowly being replaced by data driven models that quickly show which marketing efforts are successful and those efforts that …