Tag: trademark
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“Kosher” Label on Hummus Challenged
A kosher certification organization has filed a lawsuit alleging International Food Products Inc., which does business as Sabra Foods, misleads consumers as to whether its hummus products are kosher. Rabbinical Council of Mass. v. Int’l Food Products, Inc., No. 22-11460 (D. Mass., Boston Div., filed September 9, 2022). The Rabbinical Council of Massachusetts, or KVH Kosher,…
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TTAB Rejects Energy Drink Maker’s Application for ‘Purple Rain’ Trademark
The U.S. Trademark Trial and Appeal Board (TTAB) has denied energy drink and dietary supplements manufacturer JHO Intellectual Property Holdings LLC’s bid to register the mark PURPLE RAIN in connection with its products. NPG Records, LLC v. JHO Intellectual Property Holdings LLC, No. 91269739 (T.T.A.B., entered August 23, 2022). JHO sought to register the mark…
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Snyder’s-Lance, Frito-Lay End Pretzel Crisps Dispute
Snyder’s-Lance Inc. has voluntarily dismissed a lawsuit seeking to appeal a decision holding that it could not trademark “Pretzel Crisps” as a name for its product, which Frito-Lay North America Inc. had challenged before the Trademark Trial and Appeal Board. Snyder’s-Lance Inc. v. Frito-Lay N. Am. Inc., No. 21-1758 (4th Cir., filed August 31, 2021).…
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Tootsie Roll Challenges Tootsie Pups
Tootsie Roll Industries has filed a trademark infringement action alleging Lafayette Bay Products, LLC, doing business as Spunky Pup, illegally copied its trade dress by manufacturing and selling a product called “Tootsie Pups.” Tootsie Roll Indus. LLC v. Lafayette Bay Prods. LLC, No. 21-1997 (N.D. Ill., E. Div., filed April 14, 2021). Tootsie Roll Industries…
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Court Rules Heinz Did Not Infringe “Metchup” Mark
The U.S. Court of Appeals for the Fifth Circuit has ruled that H.J. Heinz Co. Brands did not violate the Metchup trademark when it introduced a poll letting consumers choose the name of its mayonnaise-ketchup blend, which ultimately chose “Mayochup” as the winner but included “Metchup” as an option. Perry v. H.J. Heinz Co. Brands…
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TTAB Finds “Gruyere” Generic
The U.S. Trademark Trial and Appeal Board (TTAB) has determined that “gruyere” is a generic name for the type of cheese and cannot be registered as a certification mark. Int’l Dairy Foods Assn. v. Interprofession du Gruyère & Syndicat Interprofessionel du Gruyère, No. 91232427 (T.T.A.B., entered August 5, 2020). Swiss and French associations attempted to…
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Australia, New Zealand Fight Over Rights to “Manuka Honey”
According to the New York Times, Australia and New Zealand are disputing over the rights to produce manuka honey, a honey product that sells for about $100 per 500 grams. New Zealand producers seek to establish a protected designation of origin for manuka honey, but Australian producers argue that their production process creates the same…
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Cannabis Edibles Co. Cannot Claim Trademark Ownership, Court Holds
A California federal court has rejected a trademark infringement claim on the grounds that the company alleging preceding use of the trademark manufactures cannabis-infused edibles, which are illegal under federal law. Kiva Health Brands LLC v. Kiva Brands Inc., No. 19-3459 (N.D. Cal., entered September 6, 2019). The parties to the litigation—Kiva Brands Inc. (KBI)…