If you’ve taken the time and effort to create a website in a competitive industry and your trademark is arguably close to an industry competitor, don’t make the mistake of ignoring a subsequent trademark infringement lawsuit. In a recent case set in the federal court for the Southern District of Texas, Insurance Depot Marking Corporation… Read more »
Posts Categorized: Trademark Litigation
The Supreme Court unanimously found that a Minute Maid juice product of The Coca-Cola Company, labeled in large type as “Pomegranate Blueberry,” and depicting a pomegranate and blueberries prominently on the package, but containing only about 0.5% of these juices, is deceptively labeled. While that might appear to be a “common sense” judgment based on… Read more »
When a lawsuit is filed, a plaintiff must provide the factual and legal basis for the claims to avoid the case being dismissed. How much detail must be provided was arguably changed significantly by a pair of U.S. Supreme court decisions, Twombly and Iqbal, decided in 2007 and 2009, respectively. Before these two cases, the… Read more »
The Southern District of Florida recently dismissed a cybersquatting case we had on behalf of one of our clients. The judge agreed with our argument that the mark was merely descriptive and that no facts were alleged to support secondary meaning in the one year period between plaintiff’s first use of the mark and our… Read more »
By Vincent Allen and PJ Putnam
With the use of search engines by consumers to find products and websites becoming more prominent, search engine optimization has become an important part of the marketing plan for large and small businesses alike. For those companies that do not want to take the time or put in the effort to improve their SEO for certain keywords organically, purchasing keywords, also known as Adwords, from Google or other search engines can put a website on the first page of search results for a particular keyword overnight. By “purchasing,” we mean the submission of the high bid for the use of a keyword or campaign for a specific time period and geographic location.