Represented Chinese Company in Trademark Infringement Case

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Last week, Attorney Boezi and Attorney Carl Levin of Gilstein, Kinder & Levin, LLP finalized an equitable resolution to a trademark infringement case for their client, a company located in the Zhejiang Province in the People’s Republic of China. The case involved Luxottica Group and Ningbo Damiser Trading Company, Ltd., … Continue reading

Pay No Attention to the Man in the Banana Suit

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KMart is sued for breach of contract and copyright infringement for its use of Rasta Imposta’s banana suit Halloween costume. Rasta has done business with KMart for years, allowing the department store to carry its banana costume. This year KMart refused to do business with Rasta and instead outsourced the … Continue reading

Sneaky Attempt to Use Margaritaville Enterprises Trademarked “5’O’Clock Somewhere” Overturned

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Margaritaville Enterprises has trademarked the phrase “It’s Five O’Clock Somewhere” used in association with its line of alcoholic beverages.  While The Veteran Beverage Company was trying to market their own line of beer using the phrase “It’s 1700 Hours Somewhere”. The Court determined that the usage was too close to … Continue reading

In-N-Out vs. Smashburger Trademark Infringement

“In this case, In-N-Out is claiming it owns rights in a family of marks which contain numbers—such as “Double Double” and “Triple Triple” but also “2X2” and “4X4”. In-N-Out does not want customers to think that burgers and other food called “Triple Double” or “Smashburger Triple Double” or other confusing … Continue reading