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Constitutional Law Intellectual Property Litigation Trademark Law

NY Fed.Court: Starbucks Can’t Stop Coffeehouse from Selling “Charbucks” Coffee

Starbucks received a big legal blow last week when the Second Circuit (NY’s Federal Appeals Court) held that use of the phrase “Charbucks” by a New Hampshire coffeehouse does not dilute the “Starbucks” trademark. The Black Bear Coffee Micro Roastery in New Hampshire began marketing “Charbucks Blend” and “Mister Charbucks Coffee” in 1997 and was […]

Categories
Intellectual Property Litigation Trademark Law

NY Federal Court Rules Website Design Not Protectable Trade Dress

Companies spend lots of money these days on their website design. For many businesses, their website is their only portal to obtain new clients; for others, its a large part of their marketing strategy; and for the rest its at least their company’s main presence on the web. So its perfectly understandable that a business […]

Categories
Copyright Law Intellectual Property Restaurant and Hospitality Law Trademark Law

To the Cronut Come the Trolls!

In May of this year, Chef Dominique Ansel of Dominque Ansel Bakery in Manhattan, came up with a new product that combined the laminated dough of a croissant with the shape and sweetness of a donut. He came up with and trademarked a catchy name for the item: The Cronut. Like so many things in […]

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Litigation

Trademark Bully Proctor & Gamble May Have Met Its Match

Its happening all over the country. Large companies are sending cease and desist letters to small new entrepreneurs claiming that their product or service violates the big company’s well-established trademark. Currently I am dealing with 600 such claims brought across the country by one of the largest digital image warehouses in the world. It has […]

Categories
General Litigation

New NYC Bill Proposal: Buy a “Knock-Off” Go to “Lock-Up”!

NYC Councilwoman Margaret Chin has a bad idea for a new law:  Folks who buy a fake designer handbag or shoes would face a misdemeanor charge (a criminal charge punishable by $1,000 fine and up to one year  in jail, per item). That’s buy a fake bag, not sell a fake bag. While it may […]