Walgreens Co. v. Charles R. Walgreen is a case from the Northern District of Illinois that featured the behemoth retailer Walgreens (Walgreens Co.) suing Charles Walgreen, the great-grandson of its founder, for trademark infringement. After losing a motion to dismiss, Walgreen Co. filed an amended complaint saying that Charles Walgreen was not only infringing on…

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Crocs v. Effervescent was a case appealed from the District of Colorado to the Federal Circuit. The appellants were Double Diamond and Mojave Desert Holdings, who make “Dawgs” shoes.  After suing a number of other companies for patent infringement, Crocs had turned its sights on Dawgs — but Dawgs filed a counterclaim that Crocs was…

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The Northern District of California distinguished “exceptional” cases under the Trademark Act (meriting an award of legal fees) from cases in which arguments were made in good faith, but simply failed. The complaint in Blue Bottle Coffee v. Southern Technologies was dismissed. The case then centered around the defendant’s trying to get attorney’s fees from…

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The Trademark Office is increasing its filing fees and adding some new ones. At Kaufman and Kahn, we generally let people know many months before their renewals are due — but now is the time to file any new application or to file any fifth-year or 10th-year renewals if they are ripe for renewal.  (A…

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The Trademark Trial and Appeals Board (TTAB)  recently had one of its decisions reversed by the DC Circuit. Bureau National Interprofessionnel du Cognac [“Cognac Institute”] v. Cologne and Cogac Entertainment centered on the plaintiff’s opposition to the defendant’s mark COLOGNE AND COGNAC ENTERTAINMENT. Certification marks have the same protections as trademarks. The opposers, the Cognac…

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Kelly Toys Holdings v. Build-A-Bear Workshop is an ongoing case involving a smaller toy company suing the legendary Build-A-Bear. Kelly Toys manufactures and distributes its own plush toys called SQUISHMALLOWS, and Build-A-Bear sells things called SKOOSHERZ. But this wasn’t a trademark infringement case. Rather, the plaintiff alleged that it has a protectable trade dress and that it…

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McDonald’s made an unforced error at the European Union Intellectual Property Office, or EUIPO, and the blow came from a frequent adversary. Supermacs is Ireland’s largest restaurant chain and chief rival to McDonald’s. The two have met in court numerous times, with McDonald’s losing twice in recent memory. In 2019, McDonald’s was defeated by an…

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Great Concepts vs. Chutter is a case from the Federal Circuit that addressed the extent to which fraud at the Trademark Office can be punished in connection with a particular kind of application. The Federal Circuit ultimately reviewed and reversed the Trademark Trial and Appeal Board’s long-standing practice of canceling trademarks when a renewal application…

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Rolex Watch v. BeckerTime was a case out of the Fifth Circuit that concerned the difference between the restoration and the customization of Rolex watches. Although the District Court for the Northern District of Texas had ruled in favor of Rolex, Rolex appealed, hoping to get more damages.   BeckerTime is a company in the business…

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In Re: Chestek is an unfortunate decision in the Federal Circuit addressing what at first blush is another boring regulation. However, it concerns a rule change that many practitioners worry could mean life or death, and arguably was promulgated in a manner that didn’t allow for proper notice and comment by the public. For decades,…

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