Category Archives: Trademarks
Do the Jacksonville Jaguars Own the Rights to ‘Sacksonville’? Former Linebacker Says
Last January, Florida’s own Jacksonville Jaguars made to the AFC Championship game for the first time in 21 years. On the strength of an elite defensive line, the Jaguars were near the very top of the league in sacking the quarterback for the second straight season. This lead to the team adopting the alliterative… Read More »
Costco Appeals Multi-Million Trademark Loss to Tiffany & Co.
Last year, the prominent wholesaler Costco was ordered to pay luxury jewelry maker Tiffany & Co. more than $19 million for trademark infringement. A New York state judge determined that Costco was improperly selling ‘knock off’ Tiffany engagement rings to consumers. The company was ordered to pay: Treble damages on $3.7 million in profits… Read More »
Three Important Tips to Protect Your Trademark on Social Media
For South Florida businesses, a strong social media presence is a valuable asset. According to data provided by Statista, nearly 80 percent of Americans currently have an active social media account on at least one platform. Just ten years ago, only 20 percent of Americans were on social media. Many businesses are still adjusting… Read More »
Who Owns the 12th Man? Texas A&M Prevails Over Soap Company in Trademark Dispute
Most football fans have probably heard the term ‘12th man’ mentioned before during a broadcast. With 11 players on the field at any given time for each team, the 12th man is often used to refer to the crowd that can provide the home team with a little extra boost through its enthusiasm and… Read More »
Is Nextel an ‘Abandoned’ Trademark? A Florida Company is Being Sued for Trying to Revive the Brand Name
Over the last few decades, Nextel has been one of the most recognizable brand names in telecommunication industry. Indeed, for several years the top series in American auto racing was called “Nextel Cup”. However, in 2005, Nextel and Sprint completed a multi-billion dollar merger. The ‘Nextel’ company no longer exists in its previous form…. Read More »
Trademark Case Watch: Florida Pizzeria Prevails Over State of New Jersey
On May 17th, 2018, the New Jersey Law Journal reported on a relatively unusual trademark dispute involving a small Florida pizza chain and the state of New Jersey. The case provides an instructive example of the key issues that must be reviewed in any trademark infringement dispute. In New Jersey Turnpike Authority. Jersey Boardwalk… Read More »
The Golden Knights are in the Stanley Cup Finals; But They Still Do Not Have Their Trademark
Last fall, the Las Vegas Golden Knights joined the National Hockey League (NHL) as an expansion franchise. In their first season, the team has advanced all the way to the Stanley Cup Finals – a truly impressive feat for a brand new franchise. Previously, our Miami trademark litigation lawyers have discussed the team’s struggle… Read More »
The New England Patriots and Philadelphia Eagles Have Filed Joint Trademark Lawsuit
Prior to taking the field as opponents in Super Bowl LII, the New England Patriots and Philadelphia Eagles have teamed up in the courtroom. According to reporting from Courthouse News Service, the two NFL franchises have joined with the NFL’s League Office in order to file a collective trademark lawsuit against an alleged counterfeiting… Read More »
Eleventh Circuit Court Issues Decision in ‘Commodores’ Trademark Dispute
The Commodores is an American funk/soul band that was originally formed in 1968. Over the decades, this band has had many different members, most notably Lionel Richie. Recently, the band has been locked in a trademark infringement lawsuit with a former member. On January 9th, 2018, the United States Court of Appeals for the… Read More »
The Ban on ‘Immoral’ and ‘Scandalous’ Trademarks Has Been Ruled Unconstitutional
Earlier this year, the Supreme Court of the United States struck down a regulation that banned disparaging trademarks. In a unanimous decision, the nation’s highest court determined that the USPTO’s ‘disparagement clause’ was in direct violation of the First Amendment. Now, following much the same logic, the United States Court of Appeals for the… Read More »
Trademark Law: What is the ‘Commercial Use’ Requirement?
To successfully register a trademark with the United States Patent and Trademark Office (USPTO), there are several different legal requirements that you will have to meet. One of the more complex requirements is the so-called “use in commerce” requirement. Essentially, you will not be able to have your trademark application approved unless you can… Read More »
Uber Faces Trademark Lawsuit from Florida Company
Uber Technologies inc., the prominent ridesharing company based in San Francisco, California, was recently sued by Uber Operations LLC, an information technology company based in Tallahassee, Florida. According to the lawsuit, which was filed on August 29th in Northern District of Florida, the ridesharing company infringed on the trademark of the IT company. More… Read More »
New York Mets Accuse Florida Medical Services Company of Trademark Infringement
According to reporting from the New York Post, the New York Mets have filed a trademark complaint against Comprehensive Health Services, a medical services company based in Cape Canaveral, Florida. Last month, the U.S. Patent and Trademark Office (USPTO) awarded Comprehensive Health Services a trademark for their proprietary software that goes by the name… Read More »
Coachella Brings Trademark Infringement Lawsuit Against Urban Outfitters
Coachella is one of the most prominent musical festivals in the United States. Many of the nation’s top acts perform each year. Tickets for this year’s April event sold out in less than one hour. Last year, the festival brought in more than $84 million. There is no doubt that concerts like this are… Read More »
Former NFL Star Sues Under Armour for Alleged Trademark Infringement
Former NFL linebacker Shawne Merriman and his company Lights Out Holdings, LLC, have filed a trademark infringement claim as well as a breach of contract claim against Under Armour, INC. The lawsuit, which was filed on February 1st, 2017 in the United States District Court for the Southern District of California, comes after the… Read More »
Pike & Lustig Opens Miami Office
Pike and Lustig, LLP is proud to announce the opening of its Miami office! The firm’s new office is located at 777 Brickell Avenue, Suite 500 Miami, Florida, 33131.
The NHL’s New Las Vegas Expansion Team Has its Trademark Application Denied
According to a report filed by the Miami Herald, the U.S. Patent and Trademark Office (USPTO) denied the initial trademark application put forth by the Las Vegas Golden Knights. The Golden Knights are an NHL expansion franchise that are set to begin play in the fall of 2017. The USPTO decision comes only two… Read More »
University of Houston Prevails in a Trademark Dispute
Last year, South Texas College of Law began a comprehensive rebranding effort. Officials from the law school voted to change its name and school colors. Beginning in June of 2016, South Texas was set to become the Houston College of Law and they would wear red and white. Fearing consumer confusion, the University of… Read More »
How Can Your Florida Business Fight Cybersquatters
An online presence is a critical part of business in the modern world. For many businesses, this includes both an active social media presence as well as a functioning website. Of course, this means that your business will want to grab the best web address available. However, in many cases, your ideal domain name… Read More »
What is Trademark Dilution?
In order to prevail in a trademark infringement claim, a commercial entity must be able to prove that there was a reasonable likelihood that customer confusion was created by the other party’s use of a similar mark. However, even if there is no reasonable possibility of customer confusion, your company is not necessarily out… Read More »
