

[Yellow Tail] sues Down Under for use of brackets and trade dress.
Complaint Yellow Tail
2009
LIFEGUARD v LIFEGUARD By Ralph Lauren



Lifeguard Licensing sues Ralph Lauren for use of LIFEGUARD mark on apparel.
Bonus trivia: Name the band that sang:
Hardly any clothes (lifeguard)
Sand between my toes (lifeguard)
White stuff on my nose
And what was the only station to play that song? 92.7 WLIR. You’d put the Milky Way bars in the freezer the…
DALLAS BBQ v HARLEM BBQ Restaurant Trade Dress Case

Former employee of DALLAS BBQ starts BBQ HARLEM. Allegations of trade secret as well as trade dress infringement (signs, awnings, etc.). Photo from here.
Complaint Bbq
My Baby Just Cares For Me
My baby don’t care for shows
My baby don’t care for clothes
My baby just cares for me
My baby don’t care for cars and races
My baby don’t care for high-tone places
Liz Taylor is not his style
And even Lana Turners smile
Is something he can’t see
My baby don’t care who knows…
Text of Decision in GATORADE v POWERADE: Not Completely False

Coke’s POWERADE brand sports drink was contemplating how to take market share from segment leader Pepsi’s GATORADE product. It decided to tout the addition of calcium, magnesium and potassium. It ran a campaign describing these minerals as ‘critical’, describing POWERADE as ‘complete,’ describing GATORADE as ‘incomplete’ alongside a depiction of half a GATORADE bottle (pictured…
Why TIDE BASIC Is Yellow

WSJ: “Tide Turns ‘Basic’ for P&G in Slump“:
In a subsequent meeting with Tide marketers, the packaging discussion focused on whether to abandon Tide’s trademark orange. Shoppers on average spend 45 to 60 seconds in the laundry aisle, devoting just seven seconds to choosing a product, making color a crucial guide for finding
…
SDNY: Another Personal Jurisdiction Case Concerning A Website
Virginia defendant operates a website that allows listeners to listen to music, create playlists and to download ringtones. Site is advertiser-sponsored and targeted at the Indian non-resident population. NY plaintiff sues in NY. It has no specific allegations of sales or other contacts with NY, but makes inferential arguments based on fact that 15% of…
HEISMAN v HE IS the MAN shirts

The Heisman Trophy Trust prevails on summary judgement that defendant breached prior settlement agreement not to distribute confusingly similar HEISMAN TROPHY shirts. Decision discusses HE IS the MAN shirts but I can’t confirm that the design illustrated above was part of the suit.
Question for discussion: Where the name of an award is trademarked (HEISMAN,…
Rainy Day Fun: SPEZIFY
Go to the SPEZIFY search engine and type in any word.
Harry Potter and the Trademark Search
A blog does a trademark search and reports on what the planned Harry Potter theme park might be like.