What Could Cookies and Dresses Have in Common…? Trade Dress!

Picture this – you walk into a new bakery. The smells hit you from every direction. You see the different kinds of frosting oozing out of the glass case showing off all the new goodies. Where could you possibly be you might wonder… You’re at Crumbl Cookies! Crumbl is a new-ish national cookie franchise that sells its unique, freshly baked, rotating flavored cookies out of most big cities around the country. Emphasis on the *unique* part.

But, is it really unique? Crumbl discovered two cookie companies were trying to copy their packaging, logos, and rotating weekly ensemble of cookie flavors. As a result, Crumbl filed two  lawsuits against two of its competitors, Dirty Dough and Crave Cookies in May of 2022, alleging trademark and trade dress infringement.

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Are Crocs an endangered species? How an iconic company protects itself from poachers

Crocs and the Importance of their Intellectual Property

We all recognize the brand! Crocs has sold over 850 million pairs of their iconic shoes in over 85 different countries since 2002. Today, Crocs offers numerous models of shoes. However, the company’s success can be attributed to their original clog-style shoe named the “Classic Clog.” The Classic Clog is made from a resin-based material known as Croslite. This material allows the shoe to be durable while offering the user exceptional comfort. These features have led Crocs to market its clog design for use across a variety of applications including boating, gardening, hiking, and even hospital-use.

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Bad Spaniels: Free Speech, Parody, or Blatant Infringement?

Trademark Tug of War

A dispute between a dog toy manufacturer and Jack Daniels recently reached the Supreme Court. The dispute is about a new toy called “Bad Spaniel” that parodies the shape and look of the iconic Jack Daniels Bottle. did the Court side with Jack Daniels, or did the bad dog have its day?

Jack Daniels is an established whiskey brand sold in stores and bars nationwide. Bad Spaniel is a dog toy sold by VIP Products LLC that looks similar to the alcohol products sold by Jack Daniels.

The dog toy is in the shape of a Jack Daniels whiskey bottle. A label “Bad Spaniels” appears where the whiskey label would normally be placed. The label also lists “The Old No. 2 on your Tennessee Carpet” below the brand name. This is similar to the Jack Daniels brand Old No. 7 which lists the product name and “Tennessee Sour Mash Whiskey” on the front label. The dog toy is a parody of the Jack Daniels bottle used to “make fun” of the famous bottle and brand. Continue reading “Bad Spaniels: Free Speech, Parody, or Blatant Infringement?”

To Be or Not To Be…A Copyright Infringer? Jeff Koons & My Journey to IP

When parents send their kids off to college, they often wish for them to grow as people, have fun, and (perhaps most importantly) major in something that will get them a job. Neuroscience, data science, and finance are the coveted majors – not theatre, communications, or (my personal favorite) art history. I pursued an art history minor in undergrad where I was first exposed to … Continue reading To Be or Not To Be…A Copyright Infringer? Jeff Koons & My Journey to IP

An Unexpected Journey From Healthcare to IP

“Study what interests you and the rest will work itself out” As a high achieving high school student, choosing a college major felt like choosing a career. I remember placing so much pressure on picking my college of study. Then I got some very simple advice from my career counselor at the time. She said, “study what interests you and the rest will work itself … Continue reading An Unexpected Journey From Healthcare to IP

The Unspoken Strength of Loyola’s Intellectual Property Program

The first thing my law school classmates asked when I shared that I had a science undergraduate degree was – “Oh, so are you thinking of IP law?”

 

Surprisingly, I did not even know much about Intellectual Property (IP) law until I came to Loyola. When applying to law school, I heard about Loyola’s prestigious health law program and decided, prematurely, that that’s what I would do. It seemed like the best of both worlds with my background – healthcare in a legal setting. However, it was not until I started 1L that I realized (1) how my true interest is in IP (and specifically patent law!) and (2) how great the IP program is at Loyola.

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Semicolons and the IP Boogeyman

Semicolons and IP

Learning about Intellectual Property (“IP”) taught me that I am not particularly attached to teaching proper semicolon usage. After years of working as an English Language Arts tutor for K-12 students, this realization came as a bit of a shock. Punctuation was not, in fact, my passion. What I love about teaching is what also attracts me to IP. I enjoy shedding light on the boogeyman that lurks in unfamiliar subjects.

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