Josh Gerben
@joshgerben.bsky.social
Trademark attorney • Founder of Gerben IP • 8,000+ trademarks registered for clients • Seen on @cnbcofficial.bsky.social, @cnn.com, @npr.org, @wsj.com
✍️Blog: http://gerbenlaw.com/blog/
✍️Blog: http://gerbenlaw.com/blog/
I’ve been married long enough to know my wife is never wrong.
December 11, 2024 at 2:56 AM
I’ve been married long enough to know my wife is never wrong.
I did have a different reaction after reading the full complaint.
Here is a deeper discussion:
www.linkedin.com/posts/joshua...
Here is a deeper discussion:
www.linkedin.com/posts/joshua...
Josh Gerben on LinkedIn: Campbells Trade Dress Lawsuit
Have you ever seen a lawsuit about the design of a soup can?
Well, now you have :).
On December 6, Campbell's Soup filed a lawsuit against Jane Foodie for…
www.linkedin.com
December 11, 2024 at 1:26 AM
I did have a different reaction after reading the full complaint.
Here is a deeper discussion:
www.linkedin.com/posts/joshua...
Here is a deeper discussion:
www.linkedin.com/posts/joshua...
Interesting... I had the opposite reaction.
The complaint brings up the famous Andy Warhol drawings of Campbell's Soup.
For further discussion:
www.linkedin.com/posts/joshua...
The complaint brings up the famous Andy Warhol drawings of Campbell's Soup.
For further discussion:
www.linkedin.com/posts/joshua...
Josh Gerben on LinkedIn: Campbells Trade Dress Lawsuit
Have you ever seen a lawsuit about the design of a soup can?
Well, now you have :).
On December 6, Campbell's Soup filed a lawsuit against Jane Foodie for…
www.linkedin.com
December 11, 2024 at 1:25 AM
Interesting... I had the opposite reaction.
The complaint brings up the famous Andy Warhol drawings of Campbell's Soup.
For further discussion:
www.linkedin.com/posts/joshua...
The complaint brings up the famous Andy Warhol drawings of Campbell's Soup.
For further discussion:
www.linkedin.com/posts/joshua...
Here is a copy of the complaint that was filed by Smalls Sliders against Smashburger:
https://www.gerbenlaw.com/wp-content/uploads/2024/12/smalls-sliders-v-smashburger.pdf
(2/2)
https://www.gerbenlaw.com/wp-content/uploads/2024/12/smalls-sliders-v-smashburger.pdf
(2/2)
December 3, 2024 at 2:23 PM
Here is a copy of the complaint that was filed by Smalls Sliders against Smashburger:
https://www.gerbenlaw.com/wp-content/uploads/2024/12/smalls-sliders-v-smashburger.pdf
(2/2)
https://www.gerbenlaw.com/wp-content/uploads/2024/12/smalls-sliders-v-smashburger.pdf
(2/2)
That said, allowing the Marines to use "MARCH MANIA" in a limited, unregistered manner is likely a palatable solution that enables both sides to avoid litigation.
(6/6)
(6/6)
December 2, 2024 at 7:01 PM
That said, allowing the Marines to use "MARCH MANIA" in a limited, unregistered manner is likely a palatable solution that enables both sides to avoid litigation.
(6/6)
(6/6)
The reason this resolution is likely is because the NCAA needs to "protect the USPTO register."
If the NCAA allows trademarks similar to "MARCH MADNESS" to be registered, its rights in the trademark become diluted.
(5/6)
If the NCAA allows trademarks similar to "MARCH MADNESS" to be registered, its rights in the trademark become diluted.
(5/6)
December 2, 2024 at 7:01 PM
The reason this resolution is likely is because the NCAA needs to "protect the USPTO register."
If the NCAA allows trademarks similar to "MARCH MADNESS" to be registered, its rights in the trademark become diluted.
(5/6)
If the NCAA allows trademarks similar to "MARCH MADNESS" to be registered, its rights in the trademark become diluted.
(5/6)
So, who is going to win?
It is unlikely the case will go to trial.
Most trademark cases of this nature are settled.
In all likelihood, the Marines will withdraw the application, and the NCAA will allow "MARCH MANIA" to be used in a limited capacity.
(4/6)
It is unlikely the case will go to trial.
Most trademark cases of this nature are settled.
In all likelihood, the Marines will withdraw the application, and the NCAA will allow "MARCH MANIA" to be used in a limited capacity.
(4/6)
December 2, 2024 at 7:01 PM
So, who is going to win?
It is unlikely the case will go to trial.
Most trademark cases of this nature are settled.
In all likelihood, the Marines will withdraw the application, and the NCAA will allow "MARCH MANIA" to be used in a limited capacity.
(4/6)
It is unlikely the case will go to trial.
Most trademark cases of this nature are settled.
In all likelihood, the Marines will withdraw the application, and the NCAA will allow "MARCH MANIA" to be used in a limited capacity.
(4/6)
In the legal action, the NCAA claims that:
1️⃣ It was using the "MARCH MADNESS" trademark before the Marines used "MARCH MANIA."
2️⃣ The trademarks are confusingly similar.
3️⃣ "MADNESS" and "MANIA" are synonyms.
(3/6)
1️⃣ It was using the "MARCH MADNESS" trademark before the Marines used "MARCH MANIA."
2️⃣ The trademarks are confusingly similar.
3️⃣ "MADNESS" and "MANIA" are synonyms.
(3/6)
December 2, 2024 at 7:01 PM
In the legal action, the NCAA claims that:
1️⃣ It was using the "MARCH MADNESS" trademark before the Marines used "MARCH MANIA."
2️⃣ The trademarks are confusingly similar.
3️⃣ "MADNESS" and "MANIA" are synonyms.
(3/6)
1️⃣ It was using the "MARCH MADNESS" trademark before the Marines used "MARCH MANIA."
2️⃣ The trademarks are confusingly similar.
3️⃣ "MADNESS" and "MANIA" are synonyms.
(3/6)