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Intellectual Property Litigation Archives

Target in trademark dispute with small business

Target, one of the biggest and most popular big-box store in the country is facing a lawsuit from a small business owner. Emily Golub, an entrepreneur from Georgia, accuses Target of infringing her trademark through the launch of its Good & Gather food brand in September 2019. Golub is the owner of Garnish & Gather, an Atlanta-based company that promotes local foods, meal kits, and prepared items developed by local chefs. She says that the name of Target's line is too similar to that of her company and could lead to serious confusion in terms of brand recognition among consumers. Golub's complaint against Target seeks a temporary restraining order to prohibit the sale of food and beverage products bearing the Good & Gather label.

Patent lawsuits hit major auto companies

Many people enjoy connecting their mobile phones and other devices to the entertainment system in their vehicles through an onboard connector or, more frequently, a Bluetooth connection. However, Blitzsafe Texas has filed 15 lawsuits within four years claiming that major automobile manufacturers are infringing on its patents for technology that does exactly that. Blitzsafe Texas is headquartered in the town of Marshall, a community that is perhaps best-known as the location where one of the greatest numbers of patent infringement lawsuits are filed in the country. After the Supreme Court ruled that patent-infringement plaintiffs could not simply choose the venue where their cases are filed, some firms with many cases moved there, qualifying them to select that venue.

Backcountry.com faces backlash over trademark lawsuits

Outdoor enthusiasts might be surprised to learn that Backcountry.com is facing heavy public backlash for filing a series of lawsuits against other businesses with similar names. The retail giant trademarked the word "backcountry" in 2018 to protect its new line of outdoor clothing and equipment.

Singer Katy Perry locked in intellectual property disputes

California native singer Katy Perry is known around the world for her catchy, pop-oriented tunes. However, she is now involved in several intellectual property disputes in both the United States and Australia. An Australian fashion designer named Katie Perry is suing the singer for launching her own clothing line in Australia, claiming that she owns the trademark on the term "Katie Perry" for clothing sold in Australia. Katie Perry claims that the singer's stage name, Katy Perry, could easily be confused with her brand within the market, and that the singer is infringing her trademark.

Can you trademark a color?

Many iconic brands are associated with a specific color scheme, which becomes part of the business's or product's image. As a result, these companies may feel it is prudent to protect a specific color to prevent competitors from using it to mislead consumers. This legal tactic has had varying levels of success, as explained by Business Insider.

What can I do about intellectual property theft?

If you discover that your valuable intellectual property has been stolen, it's crucial that you take the right steps in a timely manner. These crimes can have a significant impact on your business and its profitability. Fortunately, there are avenues available that allow you to report issues and pursue the perpetrators that you believe breached your sensitive data. The U.S. Department of Justice recommends the following steps if you or your business is a victim of intellectual property theft.

New bill aims to reduce bad-faith patent infringement claims

Actively protecting classified intellectual property is one of the most highly-prioritized tasks for many organizations in California. The loss of sensitive information can expose a company's unique strategies and could ultimately destroy their success. Patents for one, are a valuable resource for entrepreneurs and businesses alike to utilize in their efforts to protect their product from being copied by other entities. 

Intellectual property laws and the things that threaten them

Companies in California are coming up with new, innovative products and services on a daily basis. While they often search for protection with patent, trademarks or copyrights, some do not realize that the creations of the mind are also protected as intellectual property. According to the California Department of General Services, intellectual property covers things such as words, symbols, software, phrases, logos, discoveries and designs.

What should you do if you are accused of copyright infringement?

If a company suspects that you or your California business is guilty of copyright infringement, the entity or one of its representatives will send you a letter or email or otherwise notify you via telephone that you are in violation of its copyright. The claim may relate to an article published on your website or to a photo you used in your blog. Typically, the notification will inform you that if you do not take steps to remedy the situation (remedy usually means pull down the copyrighted content or pay a fee), the owner of the copyright will file a court action against you. Upon receipt of this notification, you may panic, but do not -- instead, take the time to understand the claim and determine the best course of action based on your organization's needs and circumstances.

What is trademark infringement?

If you have recently created a trademark for your business, product or service, you want to ensure it does not fall into the hands of any other entity. Your trademark represents your product, brand and/or name. When someone else uses it, it may mislead consumers, destroy your reputation and affect your bottom line. Trademark infringement occurs when an entity uses a mark without your permission. There are steps you can take to defend your business against trademark infringement.

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