Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Commentary
By Michael Schwab | August 26, 2024
Many "upcyclers" defend their practices on the basis that they are creating "one of a kind" works of art which are protected by the First Amendment or as a fair use of the branded product. However, many brand owners disagree and claim such upcycled products infringe their trademark rights or constitute counterfeiting. This article explains what upcycling is and discusses trademark issues related to the practice.
New York Law Journal | Commentary
By Marc P. Misthal | August 26, 2024
Unique product features or signature designs can be registered as trademarks when properly positioned. Besides a brand name, the question is, what other brand elements communicate their source to consumers such that they can be registered as trademarks?
By Riley Brennan | August 23, 2024
Attorneys with Wilmer Cutler Pickering Hale and Dorr and Gibson, Dunn & Crutcher recently filed a patent infringement lawsuit in a Massachusetts federal court on behalf of SharkNinja, which seeks a declaration of noninfringement for five vacuum cleaner patents against industry competitor Dyson.
By ALM Staff | August 20, 2024
This suit was surfaced by Law.com Radar.
By Riley Brennan | August 19, 2024
Abbott has also put forth evidence of Revitalyte retweeting comments referring to Revitalyte as 'the adult version of Pedialyte,' 'like Pedialyte but for adults,' 'barstool sports Pedialyte,' 'barstool sports brand Pedialyte,' 'barstool sports branded Pedialyte,' and 'Barstool Pedialyte.' These comments also provide examples of actual consumer confusion," said U.S. District Judge Donovan W. Frank for the District of Minnesota.
By Allison Dunn | August 15, 2024
Customers left comments about their purchases with reviews saying: "This is 100% knock off," "[W]e were sold a previously returned item. Disappointing and upsetting. We bought new and should have been sent a new [product] in a sealed [off] taped box," and "I suggest avoiding this company," the complaint cited.
By Adolfo Pesquera | August 13, 2024
The U.S. Fifth Circuit panel found trial court error across the board on its dismissal of all of Molzan's trademark infringement and other claims.
By Lisa Willis | August 7, 2024
"It involves hundreds of millions of dollars," said attorney Stuart Singer of the trading-card litigation.
By Allen Adamson | August 7, 2024
Warren Buffett's wisdom rings true: "It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently." In our current landscape of social media and viral content, a brand's reputation — its most valuable asset — can be severely damaged in mere seconds.
By Tommaso Baronio | July 26, 2024
The plaintiff, Leader Entertainment S.A., is represented by Elio F. Martinez, a shareholder at GrayRobinson, in the action against the defendants, Florida companies Crom Productions, Anclas Productions, and Claudio Berraud.
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