When small businesses are just getting off the ground, one big question on their minds is, “How do we stand out from the competition?” One way to stand out is by having a distinctive name, slogan, or logo. It’s even better if a business takes steps to ensure these identifying symbols are maximally protected under the trademark law. A valid trademark identifies the source of … Continue reading Leveling the Trademark Playing Field for Small Businesses

Anyone interested in fashion or pop culture likely knows that CHANEL is one of the largest, well-known, and sought after names in the fashion industry. Words such as timeless, chic, and luxurious are often used to describe the clothes and accessories sold by the French fashion house. Since its beginning in the early 1900s, Chanel has obtained intellectual property (“IP”) rights, particularly in its trademarks. A trademark can be any word, phrase, symbol, design, or combination thereof that distinguishes your goods and services from that of another. For Chanel, its name and logo are both well-known and well recognized trademarks. Unfortunately for the average consumer, Chanel’s goods aren’t as easily accessible as they are recognized, due to the high price tags that the brand is also known for.

Continue reading “Don’t Tell CHANEL: Legitimate Resale or Trademark Infringement?”

In 2022, Netflix released a quirky true crime documentary, called The Pez Outlaw, detailing the passionate rivalry between the president of PEZ USA (“the Pezident”) and Steve Glew, a Pez collector who brought thousands of Pez dispensers into the US illegally. The film follows the heartfelt story of Glew, aka the “Pez Outlaw,” whose candy smuggling adventures introduce its audience to issues of IP liability, … Continue reading Importing Pez, Dispensing Trademark Infringement

Trader Joe’s: A Long Grocery List of Trademarks

Trader Joe’s is an undeniably popular grocery store chain.
It operates over 500 locations in the United States across 42 states and Washington, D.C., with estimated annual sales that reach $16.5 billion.

I’m a fanatical patron myself. I love its funky, mom-and-pop aesthetic and products that I can’t seem to get elsewhere like Everything But the Bagel seasoning (Trader Joe’s owns the trademark for that). The chain has achieved wide success with its “cult-like” customer base

Continue reading “Checking Out Trader Joe’s Tote Bag Trademark Battle”

Years before I started law school, I enjoyed indulging in the work of a comedian named Nathan Fielder, a master of absurdist comedy. Never did I realize this would be one of my first encounters with the many principles of trademark law. On his show, Nathan for You, he acts as a “consultant” helping real people with their real businesses. However, Nathan’s version of “help” only included absurd and unrealistic ideas, such as the concept of “Dumb Starbucks.”
Continue reading “Dumb Starbucks or Smart Starbucks? Brewing Up Effective Parodies”

With winter (or Abuelita season) approaching, Chocolate Abuelita (a classic Mexican hot chocolate) is at the top of many Mexican minds. However, this time, the thought comes with a bit of uncertainty. This summer, a trademark infringement lawsuit between Nestlé USA and Ultra Mundiales, a Mexico-based distributor, took over Mexican Instagram and TikTok.

Continue reading “A Trademark Telenovela: Nestlé USA Fights to Keep Mexican Classics Off the Shelves”

As the fashion world winds down from a season of fashion weeks in New York, Milan, Paris, and Los Angeles, buzz around new designs and creators is at a high. People are reflecting on what ensembles graced the catwalk and studying which ones garnered a nod from Anna Wintour. If you sadly didn’t receive an invite to a show, never fear, because the looks are certainly gracing the internet.
Continue reading “Make It Work!: Fitting Trademark Law into the World of Metaverse Fashion”

Trader Joe’s, the well-loved grocery chain filed suit against Trader Joe, a crypto exchange website, on October 5. The grocer is suing for a variety of federal trademark claims based on its word mark Trader Joe’s that is very similar to the name of the cyrpto exchange company as well as its domain name.

Continue reading “Oh No, Trader Joe!”