This is the story of cannabis fertilizer producer infringing on the trademark of the senior user. In Athena Incorporated v. Advanced Nutrients, filed in the U.S. District Court for the Western District of Washington (Seattle), Athena sought a preliminary injunction against trademark infringement by Advanced Nutrients for using not just the name, but the logo…
BBK Tobacco and Foods v. Central Coast Agricultural Inc. was a case in the District of Arizona set in the now-familiar landscape of cannabis-related IP disputes. BBK manufactures smoke-related products such as rolling papers bearing the trademark RAW, and Central Coast Agricultural, Inc. (CCA) markets and sells cannabis products — and attempted to register the…
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…
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…
In July 2023, the U.S. Supreme Court reached a decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC that received a lot of attention for a number of reasons, bad puns being among them. The case concerned squeaky dog toys that recall several well-known brands of alcoholic beverages. VIP sold a series of dog…
Overhead Door Company of Kansas City v. OGD Equipment Company is a trademark infringement case that began in the Northern District of Georgia, and found itself in the Eleventh Circuit on appeal. D.H. Pace Company (“Pace”) licensed its OVERHEAD DOOR trademarks from the Overhead Door Corporation (ODC). ODC, as licensee, sued another similarly-named company, Overhead…
Amazon v. Pionera, out of the Eastern District of California, is notable not for its legal maneuvering, but rather the elaborate scam that was at the center of the dispute. The plaintiff, Amazon, alleged trademark infringement and cybersquatting against defendant Manoj Goel and his company, Pionera. The defense did not answer the allegations for most…
A client recently asked whether they should file their trademark not only in the US, but in other countries where they manufacture or sell their products. In Abitron Austria v. Hetronic, the U.S. Supreme Court provided the answer — and also served an opinion salad. The case began in the Western District of Oklahoma when…
A case in the Northern District of California was notable for the way it ended, as opposed to its otherwise straightforwardness. Leftfield Holdings v. Google was a class action started on behalf of several restaurateurs of Mexican food who accused Google of trademark infringement, counterfeiting, false association, and false advertising. This was a motion to…
In International and Hermès of Paris v. Rothschild, the famous Birkin bag served as a device to trigger the plot in a lawsuit about trademarks, first amendment rights, and talking too much. The defendant is a self-styled marketing strategist and entrepreneur who comes from the fashion industry. Before the events in this lawsuit, he created…
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