Hershey Co. has threatened a trademark infringement lawsuit against a California keto-cookie brand known as The Cookie Department. The alleged infringement stems from a shape that most of us know (and some of us love), the iconic teardrop shape of a chocolate chip. As...
Crystal Broughan, Intellectual Property Attorney
Termination Rights: Are Original Marvel Illustrators and Writers Entitled to a Piece of Disney’s Profits?
Currently, Disney faces multiple termination of copyright notices filed on behalf of five comic writers and artists of the original Marvel Comics. The artists (or their heirs) claim that they played pivotal development roles in creating characters like Spider-Man and...
One Trademark Scammer Caught! Many More To Go
Trademark scammers abound in the marketplace. Their aim: to defraud legitimate trademark owners who have taken the time to register their trademarks with the USPTO. I have warned clients and potential clients for years about these scams. Recently, one scammer was...
Library of Congress National Book Festival
Do you like reading books? Do you prefer the smell of a page to the glow of a Kindle? Then you might be interested in the National Book Festival scheduled for September 17-26, 2021. The Library of Congress hosts this annual festival, and it is a wonderful event to...
Bona Fide Intent in the Future for Joy Tea and CBD
More states throughout the country are legalizing cannabidiol (“CBD”), a chemical component of the cannabis plant used for medicinal and recreational purposes. You can find it in balms, supplements, drinks, and food. A question regarding trademark has come up in the...
Questions to Help You Build a Trademark Application Strategy
Thinking about filing a trademark application for your business’s logo or name? Do you have a strategy for success? Or is your plan to slap together an application and pray for success? If you want to be successful in obtaining a trademark registration, it usually...
Yes, There Really Is a Trademark Battle over “Kentucky” Going On
You probably intuitively know that state names are closely intertwined with the universities and athletic teams that reside within them. It is also understandable that the state itself (the government) might want to use the state name for branding efforts. Because of...
Checklist: What to Do When You Receive a Cease-and-Desist Letter
You just received a cease-and-desist letter from a law firm in New York accusing you of trademark and copyright infringement. Your anxiety spikes. What do you do? Consult this checklist of nine steps you should take to protect your business and personal assets: In...