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First Circuit: Lizzie Borden Themed Coffee Shop Serves Different Goods to Different Consumers from Guests at Lizzie Borden Bed and...

How many years must pass before a grisly murder can support a marketing effort? Apparently, something less than the 132 years since Lizzie Borden’s father and stepmother were axe murdered in Fall River, Massachusetts. (Yes,...more

Eleventh Circuit: First Amendment Means MTV Floribama Shore Does Not Infringe FLORA-BAMA Trademark

In MGFB Properties, Inc. v. Viacom Inc., the U.S. Court of Appeals for the Eleventh Circuit recently sided with Viacom and its subsidiary MTV in a trademark action brought by the owners of the Flora-Bama Lounge, who alleged...more

Trademark Bully or Meritorious Plaintiff? Taco John’s vs. Taco Chon

A trademark infringement lawsuit filed in Minnesota by Taco John’s against Minnesota Mexican restaurant Taco Chon Mexican Grill is heating up in federal court and the court of public opinion. Taco John’s is a large restaurant...more

Federal Court Blocks Effort to “Revive” J.W. Dant Bourbon Brand Already Alive

Just in time for the holidays, the U.S. District Court for the Western District of Kentucky issued a decision steeped in two rich holiday traditions - family lore and alcohol. On December 16, 2021, the court entered a...more

’Tis the Season for Family Drama: Seventh Circuit Explains Reverse Trademark Confusion in Battle Over Family Name

Just in time for the holidays, the U.S. Court of Appeals for the Seventh Circuit resolved a lawsuit rooted in the spirit of the season - family drama. Fabick, Inc. v. JFTCO, Inc. recounts a dispute that pit brother against...more

Honey Badger Don’t Care About Trademark Infringement, But The Ninth Circuit Does

Long ago (by internet standards), a spoof of Discovery Channel-style nature videos went viral. “The Crazy Nastyass Honey Badger” is a three-minute montage of wild honey badgers running across the desert, hunting prey, and,...more

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