So, you need to conduct a genericness survey, but you don’t know where to begin? This article explains the process for measuring genericness. To start with, there are two main types of genericness surveys: a Teflon survey, and a Thermos survey. The Thermos survey has its merits, and it might be appropriate in some cases. [...]
Most readers of this blog know that over recent years, Apple and Samsung have engaged in high-profile litigation over certain patents used in smartphones and tablets. A decision was just provided in a trial involving five patents from Apple, and two patents from Samsung. In 2012, I wrote a blog post on the litigation [...]
Some readers will no doubt have heard about the recent case in Williamsburg, Brooklyn, involving seven Chassidic shop owners who posted a dress code sign in their shops. The sign required that shoppers be modestly dressed, and was written in English, Hebrew, and Spanish. According to the sign, “Shorts,” “Barefoot,” “Sleeveless,” and “Low Cut Neckline” [...]
“Peace through Strength,” a famous slogan popularized by President Ronald Reagan, has been under attack. Trademark attack, that is. The Center for Security Policy (CSP) believes that this historic phrase should be utilized as widely as possible and enlisted the American Freedom Law Center (AFLC) to provide legal assistance. As in many trademark [...]
In February, 2013, Tiffany & Co. filed a trademark suit against Costco, accusing Costco of, among other charges, trademark infringement, dilution, counterfeiting, unfair competition, false and deceptive business practices, and false advertising. Despite the long list of charges, the central issue in the case is straight forward. Tiffany wants Costco to stop referring to [...]
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