When most people think of trademarks, they imagine logos and brand names. However, trademark rights in the U.S. extend beyond these basics. One powerful form of protection is something called “Trade Dress,” which safeguards the visual appearance and overall look and feel of a business, including restaurants. For restaurant and brick and morter store owners,...
In today’s digital marketplace, keyword advertising is a powerful tool for businesses to attract customers. However, it can also be a double-edged sword when competitors use your trademark as a keyword to redirect traffic to their own websites. While this practice is not inherently illegal, it can create confusion among consumers and potentially harm your...
In the restaurant industry, a name can hold immense value. It becomes synonymous with quality, experience, and customer loyalty. South Miami’s own famed French bistro, formerly known as Café Pastis, recently found itself entangled in a classic trademark dilemma, resulting in a significant name change to – Café Panisse. This shift provides valuable insights into...
Nike has filed a $60 million lawsuit against famed sneaker customizer The Shoe Surgeon (Dominic Ciambrone), accusing him of trademark infringement and counterfeit production. This high-profile case highlights a significant conflict between the global footwear giant and an independent designer who has gained a reputation for his high-end customizations. At the core of this legal...
Rebranding can revitalize your business and capture new audiences. A crucial part of this process is selecting a new trademark. Here are the five best tips to ensure your new trademark is effective, strong, and legally sound: 1. Conduct a Comprehensive Trademark Search Before settling on a new trademark, it’s essential to conduct a thorough...
A strong trademark is a cornerstone of a successful brand. It’s more than just a name or logo; it’s an essential asset that distinguishes your goods or services from those of competitors. However, not all trademarks are created equal. When considering a trademark application, it’s crucial to understand why descriptiveness and genericness can weaken your...
Quiznos, once a popular sandwich franchise, faced a dramatic decline that offers a compelling study in business law and intellectual property management. I used to personally love Quiznos. Especially, the Chicken Carbonara sandwich. At its peak in the mid-2000s, Quiznos operated thousands of stores globally, but today, only a fraction remain. Where did all the...
A recent Supreme Court ruling in the case Jack Daniel’s Properties, Inc. v. VIP Products LLC case has significant implications for trademark law. The case revolved around VIP Products’ dog toy, which mimicked the design of Jack Daniel’s iconic whiskey bottle. Jack Daniel’s argued that the toy infringed on its trademark and could cause consumer...
David Chang, renowned chef and founder of the Momofuku restaurant, recently addressed a stir he caused by attempting to trademark “chili crunch.” Recently, on his podcast, “The Dave Chang Show,” he issued an apology to the Asian American and Pacific Islander (AAPI) community and others who felt restricted by his actions. This move came after...
The concept of winning three consecutive championships is a coveted achievement in any professional sport. The Kansas City Chiefs just became the first back-to-back Super Bowl champion in twenty years, and will attempt this season to complete the “three-peat.” However, the foresight to trademark the term “three-peat” more than thirty years ago was a strategic...
