Tag: trademark
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TTAB Refuses Trademark Registration for La Finca Wines
The Trademark Trial and Appeal Board (TTAB) has affirmed a refusal by the U.S. Patent and Trademark Office (USPTO) to register a trademark for La Finca wines on the grounds that the winemaker failed to show evidence that the brand has acquired distinctiveness. In re Finca La Celia, S.A., No. 86130560 (opinion issued March 31,…
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Bipartisan Congressional Group Calls for Review of “Havana Club” Trademark
Several members of Congress, led by Reps. Ileana Ros-Lehtinen (RFla.) and Debbie Wasserman Schultz (DFla.), have urged Secretary of State Rex Tillerson and Secretary of the Treasury Steven Mnuchin to review the Office of Foreign Assets Control’s (OFAC’s) “unprecedented decision to grant a license to allow Cubaexport, an entity whollyowned by the Cuban government, to…
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Heart Attack Grill Files Trademark Suit Against Heart Attack Shack
A Las Vegas restaurant called the Heart Attack Grill has filed suit against a Tennessee restaurant calling itself the Heart Attack Shack, claiming trademark infringement. HAG IP, LLC v. Tipps Enterprises Inc., No. 17-0652, (M.D. Ky., filed March 29, 2017). The Las Vegas restaurant, which claims trademarks on its Single, Double, Triple and Quadruple Bypass…
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Golden Ticket Chocolate Beer Unwraps Trademark Opposition From Willy Wonka Filmmaker
Warner Brothers, the film studio that owns the rights to the Willy Wonka movies, has asked the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office to stop a Georgia craft brewer’s use of “Golden Ticket” as the name for a chocolate stout beer, claiming that the name could lead some to…
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Splenda® Manufacturer Files Trademark Suit Against Dunkin’ Donuts
Heartland Consumer Products, producer of sucralose-based sweetener Splenda®, has filed a lawsuit against Dunkin’ Brands, Inc. and its franchisees alleging the restaurant chain misleads its customers into believing it carries Splenda® while providing a different sweetener made in China. Heartland Consumer Prods. v. Dunkin’ Brands, Inc., No. 16-3045 (S.D. Ind., Indianapolis Div., filed November 7, 2016).…
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Texas Rangers Oppose Bacardi’s Application for Stylized “T” Trademark
Rangers Baseball LLC filed then suspended an opposition to Bacardi & Co.’s application to register a trademark for a logo featuring the letter “T,” stylized to feature points extruding from the middle of the character. Opposition No. 91229825 (USPTO, suspended September 2, 2016). The Texas Major League Baseball team filed its notice of opposition on…
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Tasty Burger Threatens Infringement Action Against Chipotle’s “Tasty Made” Burger Concept
Restaurant chain Tasty Burger has reportedly threatened to file an infringement action against Chipotle Mexican Grill Inc. following the announcement of Chipotle’s new burger restaurant concept, Tasty Made. Tasty Burger argues that Tasty Made’s name and logo infringe upon Tasty Burger’s established marks, which have been used in commerce since 2010; in addition to the…
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USPTO Denies “World’s Healthiest Grocery Store” Registration to Whole Foods
The U.S. Patent and Trademark Office has rejected Whole Foods Market’s attempt to trademark the phrase “World’s Healthiest Grocery Store,” finding the statement to be merely descriptive and puffery. The company currently owns a trademark in “America’s Healthiest Grocery Store,” which it reportedly earned by using the mark in commerce for several years before registration.…