Stacey Kalamaras
Trademark, Copyright, Advertising Attorney | Trademarkabilities Founder and Lead Instructor | Follow Me For Trademark Tips
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This is a crazy story, and I wish I could say it's unusual, but I have heard a similar version of this over the years from people who have experienced something similar.Nantucket Wine & Food Festival owner Nancy Bean is suing one of vendors for attempting to falsely affiliate himself with the reputation and goodwill she has built for the past 10+ years when he recently announced he had purchased the festival and was rebranding it. Of course, none of that was true. The key to all of this was apparently, Bean and the vendor shared the same lawyer (something seems very fishy there) and the vendor was privy to some financial info. The festival owner seeks a preliminary and permanent injunction against the vendor along with damages and attorneys' fees.There is a lot more going on in this case than trademark infringement, but my caution to you all is to be very careful who you do business with, make sure you have all your agreements in writing, and have proper confidentiality and non-disclosure agreements in place if your vendors have access to confidential information. #brandprotection #trademarks #falseadvertising
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Amanda McDonald
Co-Founder of Unbound Disability Claims | Accelerating SSD Approvals from Years to Months
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Stacey Kalamaras, do you craft NDAs for clients and vendors? This is one of my biggest fears.
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Mitchell Norton
Keynote speaker, IRWA Los Angeles Chapter 27th Annual Valuation Seminar"How Soccer Explains Eminent Domain"
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Sounds like sour grapes to me
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Lara (the Lawyer who Loves Law) Pearson
Soulfulprenur, TM Atty, Proud 1% for the Planet Member since 2006, B Corp since 2008, League to Save Lake Tahoe Board Member since 2022
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Wow, so is their biz model to talk sh*t and spread falsehoods about the festival so they can buy it for less than FMV and then claim they heroically rescued it? That's so lame!
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Russell Scarlett
USAFSS veteran; Trademark, Copyright, and Contract Attorney
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You make good "caution" points. Add one more: apply for trademark registration in your normal course of business, prior to infringements!
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Stacey Kalamaras
Trademark, Copyright, Advertising Attorney | Trademarkabilities Founder and Lead Instructor | Follow Me For Trademark Tips
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This article makes me sad. It is not cool to be an imposter, and infringer or wear fake brand names, period.When you support counterfeit goods, you support terrorist organizations who do not pay taxes and do not pay their employees a far wage. Most exploit child labor. When you buy counterfeit goods, your identity and credit card information may be at risk. You are buying goods that use cheap, substandard, and dangerous components that endanger consumers. Counterfeit goods put the reputation of branded manufacturers at risk and drive up the cost of legitimate goods for everyone. Want to support your economy? BUY AUTHENTIC GOODS! And if you cannot afford them, save your money until you can. The piece of crap you will buy is not worth it, I promise you.https://buff.ly/4bGn66t #brandprotection #trademarks #counterfeitgoods
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Stacey Kalamaras
Trademark, Copyright, Advertising Attorney | Trademarkabilities Founder and Lead Instructor | Follow Me For Trademark Tips
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Chanel has lost an attempt an opposition and attempt to block the registration of a trademark for the number 5 at the EUIPO for a cosmetics brand. The opposition Board found a high degree of similarity between the goods. It also found that despite the fame of the No. 5 mark and its long standing and intensive use in France in connection with all the goods for which they are registered, the EU opposition Board questioned the evidence. It ruled against Chanel because of the lack of evidence and primarily because the applicant's mark was figuratively different as the EU opposition Board the applicant's mark contained the number 5 with the letter "m."In any jurisdiction , you need evidence to prevail in an opposition or cancellation proceeding. You cannot just rely on your reputation to get you through. #brandprotection #trademarks #trademarkinfringementhttps://buff.ly/3XHThza?
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Stacey Kalamaras
Trademark, Copyright, Advertising Attorney | Trademarkabilities Founder and Lead Instructor | Follow Me For Trademark Tips
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Under the USPTO's new trademark search system, syntax is very important. If you're a U.S. legal practitioner that is struggling to still get the hang of the new search system, we can help. Trademarkabilities has a 90-minute training that will guide you through the USPTO's new trademark search system and help you learn how to conduct your searches will ease. Plus, we've developed handouts and resources to show you key searches you should know. I love the new search system. I can do so much more with the new search system in much less time than I could with TESS. All it takes is a little practice. If you're ready to elevate your USPTO search skills, enroll now: https://buff.ly/3VUngRV #trademarks #trademarkattorney #iplaw #onlinecourses
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Stacey Kalamaras
Trademark, Copyright, Advertising Attorney | Trademarkabilities Founder and Lead Instructor | Follow Me For Trademark Tips
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A recently released police simulation video game infringes on NYPD and LAPD trademarks. The PS4 game entitled “Cop Officers: Police Simulator of NYPD City” encourages players to “step into the shoes of an NYPD officer and put your determination and professionalism to the test in diverse situations.” The game infringes various New York City's long standing NYPD trademarks. New York City holds a number of trademark registrations for NYPD and various badge designs for toys, clothing and other tchotchkes to prevent third parties from using the well-known trademark to capitalize on the goodwill of the City without permission. It appears this game developer is doing just that.Similarly, the City of Los Angeles owns numerous trademark registrations for LAPD and various badge designs for clothing, toys, and other tchotchkes. For the slogan TO PROTECT AND TO SERVE, that mark is registered for providing information in the fields of law enforcement and services provided by law enforcement officers to the community via a web site offered on a global computer network and is more than 20 years old.While both cities are evaluating their options, seems to me that both would have good cases to bring against this video game developer, as based on what I see here, the use appears to be more than nominative, as the cops in the video game do not have to be from any particular real city.Whenever you are developing any games or simulations , it's important to clear the marks with your trademark counsel.#brandprotection #trademarks #infringement
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Stacey Kalamaras
Trademark, Copyright, Advertising Attorney | Trademarkabilities Founder and Lead Instructor | Follow Me For Trademark Tips
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Heading to a Cubs game this holiday weekend? You might want to try a new popcorn flavor brought to you by two iconic Chicago companies - Pizza Seasoned Garrett Popcorn. Home Run Inn Pizza has partnered with Garrett's popcorn to create the limited edition flavor which will combine Home Run Inn's Everything But The Pizza Seasoning and Garrett's buttery popcorn flavor. The exclusive treat will be available through July 7th at Wrigley field.Let me know if you try it. Have a great 4th of July everyone!#brandprotection #trademarks #licensing
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Stacey Kalamaras
Trademark, Copyright, Advertising Attorney | Trademarkabilities Founder and Lead Instructor | Follow Me For Trademark Tips
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Starbucks is suing a cannabis company for infringing its famous "siren" logo design. This is a clear cur case of trademark infringement and dilution. These cannabis companies need to stop trading off of established companies' goodwill and start coming up with their own trademarks and designs.I see a lot of misinformation online with people saying things like "who cares so long as they don't sell coffee." I commend all those average people online who believed this is wrong, because it is.Starbucks is a well-known trademark and logo and when trademarks are well-known, the protection transcends the category of goods for which they are registered for, under the doctrine of dilution. A trademark and logo design like this from the Starbuds Flowers people has the ability to do a lot of damage to the Starbucks brand who doesn't want to be associated with these people.#brandprotection #trademarks #cannabismarketing
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Stacey Kalamaras
Trademark, Copyright, Advertising Attorney | Trademarkabilities Founder and Lead Instructor | Follow Me For Trademark Tips
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GLP-1 weight loss drugs have become so popular and hard to get that last week both the WHO and one of the drug makers issued statements about how to spot counterfeits of their products. Why is this important? Aside from the fact that the drug maker wants as much profit as possible, counterfeit drugs are very dangerous, as we frequently report. Counterfeit drugs can contain the wrong or no active ingredient. Counterfeit drugs can contain rat poisons or other contaminants that can be dangerous to your health. Lastly, counterfeit drugs might contain the proper active ingredient, but in the wrong amount. Do you really want to take that risk?Some may ask why the drug maker goes to such lengths to point out how consumers can spot fake versions of its branded drug. This is an important education piece. When working with clients it's important they are willing to work not only with authorities to educate them but also the public. Perhaps you don't care if you buy a knockoff piece of clothing or handbag, but hopefully, you would think twice about ingesting a counterfeit drug.#brandprotection #trademarks #counterfeits
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Stacey Kalamaras
Trademark, Copyright, Advertising Attorney | Trademarkabilities Founder and Lead Instructor | Follow Me For Trademark Tips
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CASE UPDATE: We previously told you about a long-running trademark dispute and lawsuit between Valentino and Mario Valentino. Now, it appears, the parties have settled their court case and dispute in the U.S., after settling a similar case in Italy. First some facts, Valentino is an Italian luxury fashion house founded in 1960 by Valentino Garavani and part of the Valentino Fashion Group. Valentino is known for their handbags, clothing line and ROCKSTUD shoes. Mario Valentino, is also a premium Italian fashion brand, also specializing in handbags and shoes. Confused yet? 🤦 Do a quick Google search and consumers certainly are! Both brands have been coexisting for decades. (Side note, this is why I hate names as marks! You can't help the name you have, but it leads to all sorts of confusion - case in point)To settle the matter, Mario Valentino is permitted (in part) to “use and register the full name Mario Valentino or M. Valentino or Valentino or the letters MV or V exclusively on the outside, together with Mario Valentino on the inside and on the packaging [of] all goods made of leather or imitation leather or other material.” The agreement prohibits Mario Valentino from using “the ‘V’ and ‘Valentino’ marks together” on those same types of goods.” On the flip side, Valentino is required to use “the term ‘GARAVANI’ (the other Valentino's LAST name) in addition to ‘VALENTINO’” on leather goods and in any advertising for them. Essentially, they each have to use their full name on leather goods. Do you think that will clear it up? What a mess! A distinctiveness trademark that only you own avoids this whole mess. #brandprotection #trademarks #trademarkinfringement
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