Category: Trademark

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Is Paleo the New Black?

An article by two lawyers at Reed Smith, Drew Amoroso and David S. Reidy, entitled “Is ‘Paleo’ The Next Battleground In Food Litigation?”, reminded me of this prior article, the one I wanted to call “Don’t Make Artisan the New Natural”.   Their article is behind a pay wall, but it’s worthwhile reading if you can … Continue Reading

POM Wonderful’s Belated Christmas Gift

Today, the Ninth Circuit Court of Appeals handed POM Wonderful a belated Christmas gift, and an unusual one at that. It reversed the denial of a preliminary injunction in a case it had brought against PUR Beverages, a d/b/a of Robert G. Hubbard, Jr., and the marketer of a beverage called “pŏm”. According to their … Continue Reading

RAISED RIGHT Trademark Blocks BRASSTOWN BEEF Logo

Note: The following post is authored by guest blogger Anne Glazer. The Trademark Trial and Appeal Board (“TTAB”) recently affirmed a USPTO refusal to register the following mark for use with beef: The TTAB said the BRASSTOWN BEEF logo is likely to cause confusion in relation to the word mark RAISED RIGHT, which was already … Continue Reading

Hershey and Mars Battle Over the Color Orange

The Hershey Company and Mars Inc. are fierce competitors.  They have clashed with each other in the past over Hershey’s asserted rights in the color orange, when Hershey sued Mars for using orange on the individual wrappers for its Dove Promises peanut butter chocolate candies. Matters recently came to a head again, when Hershey sued … Continue Reading

Energy Drinks and Nutrition Bars too Related to Avoid Consumer Confusion

By Guest Blogger Michael Mangelson This post also appears on the Essential Nutrition Law Blog The Trademark Trial and Appeal Board (TTAB) recently issued a decision that highlights the importance of not assuming that goods that fall in different international trademark classes are unrelated in a likelihood of confusion analysis. In In re Spirits of … Continue Reading

Trademarking Green/Eco-Friendly Food – What You Need To Know

By Guest Blogger Jere Webb It is evident that virtually every business now is trying to position itself as being “green”. For a discussion of restrictions on “green advertising”, particularly the FTC’s green ad guidelines (the “Green Guides”), and similar efforts at the state level, see “Green Claims Advertising – What You Can Say and … Continue Reading
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