Education Center
False Declaration of Incontestability Not Enough to Cancel US Trademark Registration
BACKGROUND: Great Concepts has owned Registration No. 2929764 for DANTANNA’S, in association with “steak and seafood restaurant”, since March 2005. In 2006 Chutter Inc’s predecessor-in-interest, Dan Tana, petitioned to cancel the mark based...
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New York Court Sides with PepsiCo on Remand in Ongoing Rise Brewing Dispute
In Riseandshine Corporation v PepsiCo Inc (SDNY-1-21-cv-06324), plaintiff Riseandshine Corporation, doing business as Rise Brewing, brought three federal and two state claims relating to trademark infringement and unfair competition with respect to...
Read Article FEDERAL CIRCUIT UPHOLDS PRELIMINARY INJUNCTION IN TRADE DRESS CASE
In SoClean Inc v Sunset Healthcare Solutions Inc (Case No 21-2311, 9 November 2022), the US Court of Appeals for the Federal Circuit issued a ruling enjoining defendant Sunset from marketing a particular configuration of medical device filters...
Read ArticleACCESSORY DESIGNER PREVAILS IN LAWSUIT BROUGHT BY FRANKIE EDITH KEROUAC PARKER’S ESTATE
In Moran, personal representative of the estate of Frankie Edith Kerouac Parker v Edie Parker LLC (Case No 20-cv-12717 (ED Mich), 27 September 2021), the US District Court for the Eastern District of Michigan addressed the question of whether a...
Read ArticleCease and Desist Letters Need to Balance Effectiveness While Considering Consequences
Letters demanding that a company “cease and desist” what the sender of the letter deems an infringement of the sender’s intellectual property rights – whether patent, trademark or copyright – are communications primarily to achieve...
Read ArticleREMEMBERING TWO OF THE SPOOKIEST HALLOWEEN COPYRIGHT CASES
With Halloween 2020 approaching, we thought it was important to remember two of the spookiest of intellectual property cases, in particular, those copyright cases addressing issues with well-known horror movies. GALLAGHER v. LIONS GATE...
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