Sugar and Spice and Trademarks Are Nice

As you may have noticed from my earlier posts, I just can’t stop talking about chocolate. So it’s a good thing that there’s a healthy supply of chocolate-related trademark cases to talk about! Candy Bar Shape Trademark: No-Function Junction First up, you may remember my summary of the Trademark Trial…

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Can’t Stop “Village People” Trademarks

Several months ago, I blogged about an order allowing a trademark dispute concerning “Village People” marks to be appealed to the Federal Circuit. Here’s how the appeal turned out. Karen I. Willis v. Can’t Stop Productions, Inc., No. 2012-1109 (Fed. Cir. Nov. 13, 2012) (Judges Prost, Moore, and O’Malley) (per…

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Between a Round Rock and a Hard Place

Everyone knows the old adage, “Don’t mix business with pleasure.” But a slightly less well-known counterpart phrase is, “Don’t mix your self-owned business with your law firm.” It can lead to some hairy conflict-of-interest issues, like the ones this writ of mandamus petition to the Federal Circuit raised. In re…

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When You Wish Upon a Trademark

Miracle Tuesday needed a miracle to overcome the Trademark Trial and Appeal Board’s (TTAB) rejection of its trademark application. But the Federal Circuit didn’t grant its wish, this time. In re Miracle Tuesday, LLC, No. 2011-1373 (Fed. Cir. Oct. 4, 2012) (Chief Judge Rader, Circuit Judges Linn and O’Malley) This…

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