Category

Intellectual Property Law

Is This Fishing Lure Made By The Butter Company? Seventh Circuit Finds Butter And Fishing Tackle Companies’ Use Of The Same Trademark Is Not Likely To Confuse Consumers

By Blog, Intellectual Property Law, Litigation

By Andrew P. Holland and Jared M. Ahern
Is a consumer likely to be confused when a company that makes butter uses the same trademark as a company that makes fishing tackle (hooks, lines, sinkers, floats, rods, reels, baits, lures, spears, nets, gaffs, traps, waders and tackle boxes)?1 The court’s answer in Hugunin v. Land O’ Lakes, Inc. was a resounding no.2 815 F.3d 1064 (7th Cir. 2016).
James Hugunin, along with two of his companies, sued the dairy company Land O’ Lakes, Inc. for trademark infringement after it demanded that he cease using the “LAND O LAKES” mark without a license.3 Land O’ Lakes counterclaimed for trademark dilution.4 The Seventh Circuit affirmed the district court’s dismissal of all the claims, observing that “in this unusual case two firms sued each other though neither had been, is, or is likely to be harmed in the slightest by the other.”5 Read More

Stop Light Texting a No-No

By Blog, Intellectual Property Law, Litigation

California law prohibits anyone driving on public roadways from using a wireless telephone unless the phone is configured for hands-free listening and talking and used in that manner while driving. Carl Nelson is one person who would not willingly accept the ticket he received for his phone while stopped at a stop-light.

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Facebook Privacy Privilege Rejected

By Blog, Employment Law, Intellectual Property Law, Litigation

Bill claimed his Facebook and MySpace passwords and user names were confidential and, more importantly, that his communications with friends on Facebook and MySpace were privileged from disclosure, much like a confidential communication between an attorney and his or her client. The court in McMillan v. Hummingbird Speedway, Inc. (Pennsylvania Court of Common Pleas 9/9/10) rejected his contention.

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