From Taco Tuesday to Sunday Brunch, restaurants fight over trademarks

Foodie trademark law is a brutal world, in which even the most basic culinary gimmick has probably already been claimed and protected by unforgiving law, from the “Ham N’ Egger” to “Eggs Benny.”

News that a large restaurant franchise conglomerate has threatened a small Tex-Mex cantina in Calgary with a lawsuit for illegally using the trademark “Taco Tuesday” has shone a rare light into the murky world of intellectual property law for foodies.

Location, Location, Location – The issue of descriptiveness in Canadian Trademark Applications

Can you register the name HOLLYWOOD for films and entertainment services? What about MUNICH for beer and pretzels? A resident of Haliburton recently registered the trademark HALIBURTON in association with various goods, causing much debate and controversy amongst the local government officials – particularly in light of recent case law in Canadian trademark law.

Louis Vuitton fails to see the humour – My Other Bag succeeds with parody defense.

Louis Vuitton Advised to “Smile or Laugh”, Not Sue

We have all seen the bumper sticker: My other car is a Porsche.

And the bag: My other bag is a Louis Vuitton.

Do they make you feel any less of Porsche or Louis Vuitton?

A U.S. District Court Judge has found that My Other Bag’s use of Louis Vuitton on its canvas totes does not amount to trademark infringement.

Second Quarter – Redskins on the Defence

Update on the Washington Redskins Trademark dispute

As was discussed in our previous blog here, Section 2(a) of the Lanham (Trademark) Act (U.S.) prohibits the registration of trademarks which are scandalous, immoral, or disparaging. In July 2014, six federal trademarks belonging to the Washington Redskins were cancelled as each of the six marks were found by the Federal Court to be disparaging to Native Americans.