Posted by Mark J. Miller on June 12, 2013 12:47 PM
Goliath Adidas is starting to feel the little pings of David’s slingshot. The company is headed to court against an Illinois church, the Christian Faith Fellowship Church, over the trademark for its Adizero apparel and shoes.
The church trademarked “Add a Zero” back in November 2006, claiming on its website that it is “a Prophetic word spoken to our congregation in the early 2000s.” It was intended to help raise money for the church, its food pantry, and its childcare center, according to the Christian Post.
Adidas tried to trademark “AdiZero” in 2009, but was rejected due to the existence of the “Add a Zero” trademark. A lawyer for the church tells the Post that Adidas asked the US Patent and Trademark office to cancel the church’s trademark last year. The office finally said that it wouldn’t do that about two weeks ago. With that, Adidas offered the church 5,000 to buyout the trademark, which the church readily declined.Continue reading...
Posted by Mark J. Miller on May 30, 2013 02:37 PM
For years, New York has been feeling the love from its "I ♥ NY" marketing initiative. The logo has been slapped on just about everything, from t-shirts and hats to snowglobes and shot glasses. However, there's one place the famed logo isn't welcome, according to an NYC coffee shop that received a cease-and-desist letter from the state's Department of Economic Development.
The department contacted Everyman Espresso and asked the coffee shop to stop using its logo that consists of “I (illustration of a coffee cup) NY” tattooed on a closed fist, according to The New York Times.
The fist belongs to co-owner Sam Penix, who had the tattoo done in 2009. Now the shop has taken all the signs, T-shirts, mugs and onesies that had the logo emblazoned on the front down into the basement and told the agency that it would stop using the logo.Continue reading...
Posted by Mark J. Miller on April 26, 2013 06:30 PM
Boston Beer Aims to Trademark "Boston Strong 26.2"
Boston Beer Company, the maker of Samuel Adams, has been brewing up a special beer, "26.2 Brew," for the Boston Marathon for years. Now that the marathon has taken on a wider social significance in the weeks after the bombings, the company would like to change the brew’s name to "Boston Strong 26.2 Brew" and has applied for a trademark, the Boston Globe reports.
The plan is to use money from the sale of the beer to help victims of the tragedy. Boston Beer says it won’t hog the trademark but allow other beverage companies to use it as well as long as they commit to giving 100 percent of profits to charity.Continue reading...
Posted by Mark J. Miller on April 26, 2013 03:37 PM
Two days after the Boston Marathon bombing, while the police were still trying to track down the perpetrators and the public was still reeling from the first major act of terrorism on American soil since 9/11, two companies were filing trademark applications for “Boston Strong.”
Custom T-shirt company Born Into It of Woburn, Mass., and an individual, Kerim Senkal, of Allston, Mass. both aimed to use “Boston Strong" on apparel and accessories, The Huffington Post reports.
Another related trademark application came from Boston Beer Co., the maker of Samuel Adams, which brews up an annual 26.2 Brew for the Marathon each year. The plan would be to rename the beer Boston Strong 26.2 with the idea that it would help raise money for victims of the tragedy, the Boston Globe reports. The company claims that it would allow other beverages to use the trademark as long as 100 percent of the money made all went to related charities.Continue reading...
Posted by Barry Silverstein on April 24, 2013 01:41 PM
Sometimes a brand blazes a trail, only to find itself outrun by the competition.
Back in 2006, entrepreneur Blake Mycoskie, who made his name and a small fortune as a contestant on reality TV show, The Amazing Race, came up with a unique proposition for a new brand, TOMS Shoes. The business model: TOMS would donate a pair of shoes to a child who lived in poverty for every pair of shoes sold. The philanthropic concept quickly became a sensation that catapulted the company's brand awareness to superstar status.
Not surprisingly, other companies started to knock off the idea. The most egregious copycat has been a line of shoes called "BOBS" that Skechers introduced in 2010. BOBS not only look exactly like TOMS signature shoe, right down to the logo stitched on a visible exterior label, but Skechers also shamelessly followed TOMS' "one-for-one" model of giving away a pair of shoes for every pair sold.Continue reading...
Posted by Mark J. Miller on April 15, 2013 11:50 AM
PepsiCo’s Frito-Lay Scoops Corn Chips may identify itself as “a unique combination of great taste and good fun rolled into one great snack,” but a jury in Texas has a few quibbles with just how unique its name is.
Frito-Lay North America came after Medallion Foods and Ralcorp Holdings for their Bowlz and Cupz chips that appeared in Walmarts and Krogers, respectively, around the time of this year’s Super Bowl, FoodProductDesign.com reports. Frito-Lay was not amused and wanted $4.5 million for their troubles as well as the disappearance of any products that come close to looking like Scoops.
After just five and a half hours, the 10-person jury ruled against Frito-Lay. “This was a very complicated trial, and we were fortunate to have an extremely smart jury that understood the issues and delivered a just verdict,” said John Ward, whose firm Ward & Smith helped represent Medallion, according to IPWatchdog.com. “This jury digested almost 40 pages of complex instructions and returned a verdict in our clients’ favor on all issues submitted.”Continue reading...
Posted by Mark J. Miller on April 12, 2013 03:15 PM
Hooters may be the first place consumers think of when the term “breastaurants” comes up, but a Texas eatery is aiming to change that.
Bikinis Sports Bar and Grill, which features big-breasted gals in bikinis and short shorts serving up food, hula hooping, and, wait for it—jumping on a trampoline—has armed itself in the battle of mammary-obsessed food chains. Bikinis has trademarked the term “breastaurants” and God help anybody who tries to use it without their permission.
Take that, Twin Peaks, Mugs N Jugs, Tilted Kilt and, most specifically, Hooters!Continue reading...
Posted by Mark J. Miller on April 3, 2013 06:06 PM
It’s been in the hands of Che Guevara and Fidel Castro and now it’s in the hands of a slew of lawyers. The Cuban Cohiba, considered for decades to be the nation’s best cigar and a symbol of high-end swank the world over, has been spending a fair amount of time in court over the last 16 years.
In that time, the issue has been between the General Cigar Co. and Cubatabaco, the Cuban state tobacco company. The pair have been battling over the cigar’s trademark in the United States. Recently, the U.S. Trademark and Appeal Board dismissed Cubatabaco’s petition that was trying to keep General from using the cohiba name in the United States, Cigar Aficionado reports.
That General won the latest round did not sit well with folks in Cuba, where the Havana Times headlined its story about the case with “Cuba’s Cohiba Trademark Theft Gets OK.”
There are, of course, two different cohibas.Continue reading...