Wendy’s Sues United Dairy Farmers For Trademark Infringement over “Frosties” Drink

Lesson of the day: never pull on Wendy’s pigtails.  On June 21, 2013, famous fast food chain Wendy’s sued United Dairy Farmers (“UDF”) for trademark and trade dress infringement, among other claims, in the United States District Court for the Southern District of Ohio Eastern Division. The suit claims UDF’s “Frosties” and “Frosty Malts” milkshakes

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Second Circuit Reinstates Trademark Infringement Case against Oprah Over Use of "Own Your Power"

Lesson of the day: “Own Your Trademark” before you use it.  In July 2011, Simone Kelly-Brown sued Oprah Winfrey, Harpo Productions Inc. and Oprah’s magazine publisher Hearst Corp. for alleged violations of Kelly-Brown’s trademark “Own Your Power.” The suit was brought after a 2010 issue of Oprah’s magazine carried an “Own Your Power” theme throughout

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Activison Defeats NovaLogic Over Use of "Delta Force" Trademarks in "Call of Duty 3"

Use is sometimes “fair” is cases of love, war and war videogames.  Last year, NovaLogic sued fellow videogame maker Activision Blizzard, among others, for trademark infringement and other claims after it used “Delta Force” in its popular “Call of Duty: Modern Warfare 3” game. Although NovaLogic owns a trademark in the name, “Delta Force” originated

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