MARQUEE Nightclub in NY v. MARQUEE Restaurant in KC
Plaintiff operates the famous MARQUEE nightclub in Manhattan, which I’ve never heard of because I don’t get around much anymore. Defendant AMC operates a MARQUEE restaurant in one of its theaters in Kansas City. Dawn Donut perhaps, but both parties reportedly want to expand into Las Vegas.
Complaint Marquee Nightclub Amc Trademark
In-n-Out Burger v Joe's In-n-Out Burger
In-n-Out Burger (doing business in 4 western states) sues Joe’s In-n-Out Burger on Holbrook, NY in eastern Long Island.
Possible evidence of confusion in comment 1 and not in comment 6 here.
Terminated Donut Franchise
Dunkin Donuts is a franchisor. If a franchisee allegedly breaches its agreement such that Dunkin terminates the license, and the licensee continues to use the trademarks, then in addition to any contractual claims, there may be trademark claims as well:
Dunkin Donuts v. Bakery Maestro, 1:08-cv-00659-RBK-JS (D NJ Feb 6 2008) (excerpted complaint).
The Argument For Federal Rather Than State Trademark Registration
Marketplace: “There’s Only One Burger King In This Town“:
“For 50 years, the Burger King in Mattoon, Ill., has been a favorite spot. And thanks to a judge’s ruling, that other Burger King has had to keep its distance”
- 2(a) False Connection
- abandoment
- Abandonment / Residual Goodwill
- Advertising
- Ambush Marketing
- Appellations of Origin
- Branding
- But Is It Art?
- Circuit Court Decisions
- Commercial Speech
- Compatibility / Replacement Parts
- Contracts
- Contributory/Vicarious Liability
- Copyright
- Copyright Fair Use
- Corporate Names
- Coulrophobia
- Counterfeits
- Damages
- Dastar
- Dawn Of The Donut
- Decaratory Judgement
- Digital Rights Management
- DMCA
- Domain Names
- Ethics Professional Responsibility
- EULA
- Extraterritorial Application
- False Advertising
- False Endorsement
- Famous Marks
- Fashion
- Fees and Costs
- First Amendment
- Franchise
- FRE 408
- General blogging affairs
- Genericide
- Geography
- Grey Goods
- Hot News / Misappropriation
- Ideas, Protection of
- Inherent Registrability
- Initial Interest Confusion
- Insurance
- International
- Irony
- Legislation
- Libel/Defamation
- Likelihood of Confusion
- Linking
- Lionel Hutz
- Litigation
- Madrid Protocol
- Miscellany
- Music Copyright
- Non Disclosure
- Non-Traditional Trademarks
- Olympics
- Open Source
- Other People's Mail
- Pan American Convention
- Paris Convention
- Parody/Speech
- Personal Jurisdiction
- Pleading
- Podcasting
- Post purchase confusion
- Priority
- Protection of Data
- Public Domain
- Recently Filed Suits
- Reverse Confusion
- Right of Publicity/Privacy
- RSS and Data Aggregation
- Russia
- Scandalous and Immoral!
- School Names
- Search Engines
- State Trademarks
- Stoller
- Surname
- THe Sacred Right to One's Name
- Third Party Practice
- TITWIITWTW
- Trade Dress
- Trade Libel
- Trade Secret
- Trademark Fair Use
- Trademark Practice
- Trademark Trolls
- Uncategorized
- User Generated Content
- Venue
- Virtual Worlds
- What Is This Thing Called Dilution?
- YouTube
