Part of my job is trademark enforcement, which typically involves sending cease-and-desist letters to infringers. Some lawyers take a slash-and-burn approach, threatening to rain legal hellfire down on the infringer if they don’t cease and desist. Others prefer an academic format, with letters that resemble a legal treatise on trademark infringement and unfair competition. Personally, […]
Last week, Randy wrote about the “spectrum of trademark distinctiveness” and how generic terms cannot be protected as trademarks. This week, Taco John made news when it agreed to abandon its trademark registration for TACO TUESDAY for restaurant services after a recent challenge by Taco Bell alleging that TACO TUESDAY was generic and not entitled […]
Here in The Tree, we love Apple products. We anxiously await any new updates to the hardware or software. We are also goofballs, so we were very excited to download iOS 12 and use the new Memoji feature. “Memoji” is a portmanteau of “me” and “emoji”. The feature allows you to shoot live video of […]
There is no doubt that the marijuana business is a budding industry. Negative public opinions about marijuana have faded and more and more states are legalizing its medical and recreational use. New businesses are seeking the pot of gold at the end of the legal marijuana rainbow by pushing marijuana use into the mainstream. One […]
It doesn’t happen very often, but a judge has awarded attorneys’ fees in a trademark case. For years now, San Diego Comic Con has been in a dispute with Salt Lake Comic Con over San Diego Comic Con’s COMIC-CON trademark (Back in 2014, resident cosplay expert, furry aficionado, and larping champion Kevin Hartley wrote about […]
As Trust Tree’s resident bourbon expert* (sorry Bill & G) and Guns N’ Roses fan, I must uncork a post about the trademark dispute between Heaven Hill Distilleries, Inc. and Heaven’s Door Spirits, LLC that recently spilled over into a federal lawsuit. Heaven’s Door is named after the famous song by Bob Dylan, who has […]
Today, the 9th Circuit Court of Appeals ended Empire record label’s trademark infringement lawsuit against 20th Century Fox Television over the name of the television show “Empire,” on First Amendment grounds. The record label, Empire Distribution Inc., which reps hip-hop artists like Kendrick Lamar and Snoop Dogg (and is not the fictitious record store) had […]
AM General, has sued Activision Blizzard Inc., the maker of the popular video game “Call of Duty” for trademark infringement for using images of its Humvee military vehicles in the game. The Humvee (short for High Mobility Multipurpose Wheeled Vehicles) has been widely used by the US military for years, and is a favorite of barbarian-turned-governer, Arnold Schwarzenegger. […]
It is now an undisputed fact that bikers love trademarks. I have twice written about the intersection between outlaw motorcycle clubs and trademark law. First, I wrote about how many of these clubs own and litigate federally registered trademarks. The following week, I wrote about how the feds are trying to use trademarks to stop outlaw […]
If you are from the South and ever leave your house, you’ve heard of Fireball. Fireball is a cinnamon flavored whiskey distilled by Sazerac. In addition to being a great drink to sneak into football games on cool, fall days, it’s also replaced Jägermeister as the go-to drink for your buddy who buys everyone shots when everyone’s already had […]
Trust Tree Legal, P.C.
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798 Berry Road #41400
Nashville, TN 37204
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