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Trademark Attorney Review of Great Lakes Transportation v. Yellow Cab of Florida

Trademark Attorney Review of Great Lakes Transportation v. Yellow Cab of Florida In a case for trademark infringement, attorneys’ fees and costs can be awarded for exceptional trademark cases.  However, it is important to recognize the difference between a trademark infringement case versus a contract dispute between two former partners for the use of a trademarked name.   This is why it is vital to hire an experienced trademark attorney that understands the nuances of trademark law.  Too many attorneys claim to practice trademark law when in fact these attorneys have no real experience in trademark law.  In this case, the dispute over whether trademark law applies cost the plaintiff a significant amount of attorneys fees.  In fact, the case overall generated 351 separate docket entries which likely required a substantial amount of attorney's fees. Background The dispute arose over the use of METRO CARS and METRO CARSFL where there was allegedly a written agreement that provided a license for the trademarks.  The agreement provided that termination of the agreement required discontinued use of the METRO CARSFL.  It appears that the trademark argument was that because discontinuation should have occurred, the case shifts to trademark infringement.  However, a seasoned trademark attorney would likely recognize that this is a breach of contract.  This also highlights the importance of a carefully drafted contract that specifies what happens at the termination of the agreement.  It is important to note that the Defendant proffered evidence supporting the argument that a license agreement never existed. Exceptional Cases The Lanham Act allows the court to award attorney’s fees to the prevailing party in exceptional cases.  However, “exceptional” is not otherwise defined by the Act.  In some cases, the courts have held that [...]

By | 2017-05-18T18:53:17+00:00 February 21st, 2014|Trademarks|Comments Off on Trademark Attorney Review of Great Lakes Transportation v. Yellow Cab of Florida

Trademark Attorney Keeps You On Track

Keep Your Business On Track – Hire a South Florida Trademark Attorney Trademarks are all too commonly considered optional to many businesses.  However, having a trademark attorney register your trademarks is one of the best business decisions that your business can make because hiring a trademark attorney to file your trademark application requires a small fee in comparison to the time and money should you later be forced to stop using your business name or slogan. Doing It Yourself In too many cases, individuals forgo hiring a trademark attorney.  This is a mistake.  Many mistakes will go unnoticed at the Trademark Office because the Trademark Office does not […]

By | 2017-05-18T18:53:18+00:00 January 19th, 2014|Trademarks|Comments Off on Trademark Attorney Keeps You On Track

Hooters Trademark Attorney Alleges Dilution

Hooters of America, et al. v. Nikki’s Escort Service, et al.[1] is a trademark litigation case you don’t see everyday.  Hooters delivered a day-after-Christmas surprise when the company’s trademark attorney filed suit against Nikki’s Escort Service. Hooters trademark attorney alleges that Nikki’s Escort Service tarnished Hooter’s incontestable trademarks[2].  In order to do so, Hooters trademark attorney discusses the restaurants trademark and alleged trade dress rights. For example, Hooters trademark attorney claims Hooters has trade dress protection in its “casual, beach-themed restaurants” that have “rough-hewn, beach shack-inspired interiors of its restaurants featuring brown and bring orange color, wood paneling, big-screen TV sports programming, and irreverent signage uniquely distinguish Plaintiffs’ establishments from other restaurants.”[3] In addition, Hooters trademark attorney claims trade dress rights to the female Hooters uniform “featuring a white tank top with the Hooters Owl logo, and bright orange dolphin shorts.”[4] The Hooters trademark attorney indicates that the approximately 375 Hooters restaurants also support organizations such as “Make-A-Wish Foundation, U.S.O. Special Olympics, American Diabetes Association, Juvenile Diabetes Foundation, Muscular Dystrophy Association, and Operation Homefront.”[5] The complaint alleges that Nikki’s Escort Service and its owner Nikki Swafford used Craigslist to entice cocktail waitresses to join the escort service.  In particular, Nikki posted an ad on craigslist in Florida that said “NOW HIRING HOOTERS GIRLS $100 PER HOUR.”   In addition, the ad included a picture of a female waitress wearing the hooters uniform in a hooter restaurant.  One might think that a cease-and-desist request would end the dispute.  Most likely, the hooters trademark attorney also thought the same.  However, when the trademark attorney contacted Nikki’s, Ms. Swafford profanely responded and hung up. To the Hooters trademark attorney’s surprise, the ad changed after the phone call.  The craigslist [...]

By | 2017-05-18T18:53:18+00:00 January 5th, 2014|Trademarks|Comments Off on Hooters Trademark Attorney Alleges Dilution

Can I Trademark My Slogan

Businesses commonly ask the question: “Can we trademark our slogan.”  In many cases, the answer is a resounding YES!  A trademark attorney can help your business protect your slogan if the slogan is used in a manner that identifies and distinguishes the goods or services of your business from the goods or services of your competitors.  The slogan cannot be generic because generic phrases are not […]

By | 2017-05-18T18:53:18+00:00 December 27th, 2013|Trademarks|Comments Off on Can I Trademark My Slogan

Duck Commander v. Duckhorn

In the past month, Duck Commander has gone duck wild!  Most are familiar with the dispute between A&E and Duck Commander.  However, there is a more interesting trademark dispute proceeding before the United States District Court Northern District of California.  In particular Duckhorn Wine Company, through their trademark attorneys, accused Duck Commander and Sutter Home Winery of treading upon Duckhorn’s trademark rights. In response to Duckhorn’s cease and desist letter, the trademark attorneys for Duck Commander filed a […]

By | 2017-05-18T18:53:18+00:00 December 24th, 2013|Trademarks|Comments Off on Duck Commander v. Duckhorn