Balough
July 25, 2014
While customers can’t order a BigMac, fries, and five gallons of diesel fuel, the U.S. Patent and Trademark Office found BioMcDiesel would create a likelihood of confusion with the famous McDonald’s family of marks and denied registration of the proposed trademark. Joel Joseph filed an intent-to-use application to register the mark BioMcDiesel for biodiesel fuel. […]
Balough
December 23, 2013
A personal injury law firm can buy search terms using the names of a competing law firm’s partners without violating Wisconsin’s privacy laws because the use of the names is “non-visible,” an appellate court found. The state’s privacy statute includes as an “invasion of privacy” the “use, for advertising purpose or for purposes of trade, […]
Balough
December 22, 2013
Cracker Barrel Old Country Store, Inc. has sliced it a bit too thin for Kraft and its Cracker Barrel cheese. Kraft Foods Group Brands LLC has asked a Chicago federal court to find that Cracker Barrel Old Country Store crossed the line when it announced in November 2012 that it will begin selling luncheon meats, […]
Balough
December 22, 2013
Dunkin’ Donuts may claim it has the “Best Coffee in America” but the U.S. Patent and Trademark Office (USPTO) found the phrase was mere “puffery” and had not acquired a secondary meaning sufficient to be registered on the principal register. In 2007, Dunkin’ Donuts registered the phrase “Best Coffee in America” for restaurant services, snack […]
Balough
December 22, 2013
No more buts about it. The faceoff between North Face and South Butt is over—again. The North Face Apparel Corp. had sued The South Butt, LLC, and several individuals for trademark infringement for offering products with the names South Butt and Butt Face. The original case was settled via a consent decree. The lawsuit was revived […]
Balough
December 22, 2013
Cheryl Dancey Balough contributed to the newly published book Internet Law for the Business Lawyer, 2nd Edition with a chapter on “Trademarks, Marketing, and Advertising.” The chapter focuses on legal issues that can arise from a business’ online marketing efforts and includes a section on various federal regulations that business lawyers should be aware of as they assist […]
Balough
December 15, 2013
Those quilted designs on toilet paper are functional and cannot be trademarked, the Seventh Circuit has found. The appellate court agreed that Georgia-Pacific’s trademark for its “Quilted Diamond Design” was invalid because the quilted design has “numerous utilitarian benefits, such as softness, comfort and absorption,” all functional features. As a result, Kimberly-Clark’s Cottonelle brand cannot be […]
Balough
December 15, 2013
To maintain a lawsuit in Illinois federal court against an Internet date matching service website, the plaintiff must demonstrate that the website targeted residents in Illinois. As a result, the Seventh Circuit appellate court dismissed a case because plaintiff failed to show that defendant targeted Illinois. be2 LLC and be2 Holding filed a trademark infringement lawsuit […]
Balough
December 15, 2013
Toyota’s attempt to prevent two auto brokers from using “Lexus” as part of their domain name has come to a screeching halt at the Ninth Circuit Court of Appeals. The court ruled that an injunction against the auto brokers was too broad because it prohibited the brokers from using the term “Lexus” in its domain […]
Balough
December 14, 2013
There are no ands, ifs, or butts. The North Face Apparel Corp. wants to protect its trademark. The owner of the registered trademark for The North Face that sells outdoor adventure equipment and apparel has sued The South Butt LLC for trademark infringement and unfair competition. The South Butt manufactures and sells jackets and T-shirts and […]
