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trademark lawsuit

Whose Name Is It, Anyway?

Jill and Burt Kohler opened a cosmetology school in Scottsdale, Arizona...and a whole can of worms along with it.

The Kohlers were sued for trademark infringement by the Kohler Company. Kohler (the company) is probably best known for their faucets, toilets, bathtubs and other plumbing-related items, but holds over 30 trademarks that also include spa and salon services, as well as "guitars, pianos, candy, candles and horse breeding and stud services."

More Than Meets the Eye

What do you think of when you hear the phrase "Transformer Prime"? If you grew up in the 80s, you probably immediately think of the Transformers cartoon and the character Optimus Prime. (Admit it: Now you're trying to get the Transformers theme song out of your head.)

Hasbro holds the trademark for "Transformer" for its line of toy robots that change into vehicles and back into robots. The brand is still going strong, fueled by a recent series of live-action movies, more toys and, of course, a new generation of little boys to collect them.

Don't Delay!

Promptness is a trait valued by party planners looking for RSVPs - and it seems insurers value it pretty highly, too. Case in point: Rockland Exposition, Inc., v. Great American Assurance Co.

Rockland Exposition (REI) has a commercial general liability policy from Great American. In June of 2008, a company called the Association of Automobile Service Providers of New Jersey ("AASP") sued REI for trademark infringement because REI had "[created] a similar and therefore competing trade show, and [used] a name that is similar."

No Laughing Matter

One would think that Facebook, the great facilitator of social interaction, could take a joke. Well, apparently not. (Lamebook LLC v. Facebook Inc.)

Any Volunteers?

Use of another party’s trademark, in connection with the sale of your goods, is likely trademark infringement. What about use of another party’s trademark as part of your internet domain name – is that an infringement? Maybe not. (Toyota Motor Sales, USA v. Farzad Tabari and Lisa Tabari d/b/a Fast Imports)

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