Trademarks and Brands

Trade Association Awarded Damages in Hotel Poaching Case

by T+B BLOG TEAM on Thursday, 8 March, 2018

A US trade association has been awarded damages in a trademark infringement case against a travel agency that sent unsolicited emails to tradeshow attendees and exhibitors representing that it was affiliated with the tradeshow.

A US district court ordered Tarzango to pay the US Poultry & Egg Association more than $700,000 in damages and attorney’s fees for infringing the trademark of the International Production & Processing Expo (IPPE), an organization that US Poultry partners with to organize its tradeshow.

Tarzango sent unsolicited emails to IPPE exhibitors and attendees advertising hotel accommodations for its annual tradeshow. IPPE had a contract with Experient to manage accommodations for the show.

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Topics: trademarks, trademark infringement

Attorneys Unite: Consequences of eBay for Brand Owners and a Potential Remedy

by Lee Eulgen and Olivia Luk Bedi, Guest Bloggers on Thursday, 21 September, 2017

It has been over a decade since the U.S. Supreme Court’s decision in eBay, Inc. v. MercExchange, LLC, 547 U.S. 388 (2006) changed the near universal presumption of irreparable harm in injunction proceedings in intellectual property cases. While that sea change has touched all facets of IP litigation, trademark owners and their attorneys have been particularly affected because the nature of harm in the trademark context is quite different from patent and copyright cases.

In eBay, the Court held that in a patent infringement action, the customary four factors must be established for injunctive relief: (1) a likelihood of success on the merits; (2) irreparable injury; (3) balance of harms favors granting an injunction; and (4) the injunction is in the public interest. The Court specifically stated that the “decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and that such discretion must be exercised consistent with the traditional principle of equity, in patent disputes no less than in other cases governed by such standards.” eBay turned on its head the Federal Circuit’s prior, longstanding rule that courts issue permanent injunctions against patent infringement absent exceptional circumstances.

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Topics: trademarks

Taylor Swift Files More Trademark Applications

by T+B BLOG TEAM on Monday, 11 September, 2017

Taylor Swift sings in the lead single from her album ‘Reputation’: “I got smarter, I got harder” and perhaps because of that, she’s filed some new trademark applications. According to TMZ, Swift’s company, TAS (Taylor Alison Swift) Rights Management has filed trademark applications for several song titles and phrases from the new album to use on merchandise, like recordings, clothing, entertainment services, phone charms, notebooks, and more.

Just how many trademarks does one singer/songwriter need? Swift already owns several, including these phrases from earlier songs:

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Topics: trademarks

A Smorgasbord of Recent Geographical Indication News

by T+B BLOG TEAM on Wednesday, 28 June, 2017

The EU has several geographical indications, like PDO (protected designation of origin) PGI (Protected Geographical Indication) that are similar to France’s AOC (appellation d'origine controlee). They all serve to protect the names of food and beverage products that come from a specific area, place, or country, like Champagne, feta cheese, Parma ham, and Cornish pasties.

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Topics: trademarks, names

More Trump Trademark News: Additional Chinese Approvals and “Covfefe” Takes Off

by T+B BLOG TEAM on Thursday, 8 June, 2017

Over the last month, the China Patent & Trademark Office has granted preliminary approval for additional trademarks for US President Donald Trump and his daughter, Ivanka, according to The New York Times. The applications for these newly approved trademarks were filed last year — Trump’s for catering services and his daughter’s for jewelry, wedding dresses, watches, and electronic devices.

President Trump’s number of trademarks in China now numbers nearly 90 registered and 28 that have been granted preliminary approval. Ivanka’s Chinese trademarks total 18, while five have received preliminary approval. CNN Money reports that Ivanka’s company, IT Collection LLC, has at least another 44 trademark applications pending review and approval in China.

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Topics: trademarks

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