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Coach v. Flea Market


Coach v. Flea Market Last weekend, my wife and I joined some friends for our first trip to the Rose Bowl Flea Market – with 2,500 vendors, it’s billed as “the world’s most unusual flea market” and “the shopping place of the stars.” While everything I saw looked authentic, I was on the lookout for knockoff goods because flea markets have made some legal news lately. On May 31, the 6th Circuit Court of Appeals ruled on whether a flea market owner can be liable for contributory trademark infringement in the case of Coach Inc. v. Goodfellow.

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Craft Beer Trademark Battle Resolved: Magic Hat v. West Sixth


Brewery Battle Resolved My faithful readers know that I like to follow legal developments in the craft beer trademark world. I’m a fan of the product and a supporter of one of San Diego’s fastest-growing business sectors. As an aside, I’ll throw in a promotion for my good friend Omar Passons’ Craft Beer Debates – tonight’s event is sold out, but these are worth following for anyone interested in craft beer and/or discussions of issues impacting the San Diego community. Back to our regular programming: news broke today that a raging dispute between two (non-SD) breweries, Magic Hat and West…

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Can I Mention My Competitor in an Ad?


Can I Mention My Competitor in an Ad? We’ve all seen countless ads where a company compares their goods or services favorably to those of their competitors. Where does this cross the line and run into a false advertising issue? H&R Block recently sued Intuit (a San Diego-based company, of course – Go Padres! – wait, does it seem like I’m playing favorites here?) over a pair of commercials that suggested that Intuit’s TurboTax tax professionals were better trained and more experienced than those at H&R Block and other retail tax outlets. So how far can you go in this…

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Nutella: Sweet Spread or Trademark Bully?


Nutella: Sweet Spread or Trademark Bully? Time for a confession: I’m not really a fan of Nutella. I can’t tell if it’s too sweet for me or what it is, exactly, but I just can’t summon up the passion for the spread that everyone I know seems to share. (Calm down, Internet, I still like bacon.) Nonetheless, I will rise to the defense of its fans against what appears to be a case of trademark bullying – or, at least, overreach. Time to cross February 5 off your calendars, because World Nutella Day is no more.

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