Medieval Times v. Medieval Times Performers United and the American Guild of Variety Artists is a case out of the District of New Jersey. This was a labor dispute that veered into trademark law — where management tried to use its trademark rights as a sword to nip a nascent union in the bud. The…

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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…

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Just when the world thought that we had moved past the peanut butter wars, another skirmish flared up in the Northern District of Ohio, East Division. In J.M. Smucker Company v. Hormel Food Corporation, the makers of JIF and SKIPPY peanut butter, respectively, jousted over trade dress. Smucker maintained that Hormel’s filing of a trademark…

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with filing a trademark?”  And, your next thought: “Even if I need to file, why use a lawyer?”  And then: “Who needs a trademark lawyer?  The website makes it look easy!” Let me tell you why. Trademark owners do not have to file for registration in order to have the right to sue for the…

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