Trade Dress Infringement: Converse

An Iconic Brand: Chuck Taylor All Stars It was right here in Malden, MA where Converse dug its heels in American history. Due to the success of the charismatic salesman, Charles ‘Chuck’ H Taylor, the company began selling their All-Star high-topped sneakers under the Chuck Taylor signature mark in 1917. For a period of time, Converse’s Chuck Taylor All-Stars were known to be the official shoe of the National Basketball Association (NBA). These high-tops transformed from an at

The Sacred Sandwich Shot

Last week in court, the feud between Tocci, a construction company, and Fotohaus LLC, a photography firm, began over the use of a copyrighted image of a sandwich. Yep, you heard that right. So how did this all come about? Well, Tocci Building Corporation (“Tocci”), a construction firm headquartered in Massachusetts, used a picture of two hands holding a bun filled with meat and lettuce, on their website to promote bringing your lunch to work. Tocci is unique, in that it beli

Shhhh! Can You Keep a Trade Secret?

Welcome Back! Remember my first blog post where I wrote about how to steal an honest companies money? Well, here we are again, guys. Three former employees of a company called LSC Development planned to form a rival company during normal business hours on the job. Yeah, you read that right. While working at LSC, the three defendants stole valuable information from LSC and used it to develop their own business with a similar business model -- all on LSC’s dime. The plaintiff's

“It's more than a feeling when I hear that old song they used to play”

Are we all familiar with the 1970s rock and roll band Boston? Most well-known for the songs “More than a Feeling,” “Long Time,” and “Peace of Mind.” The band was made up of five members: Tom Scholz, Barry Goudreau, Fran Sheehan, Sib Hashian and Brad Dep. In 1981, Goudreau separated from the group and signed a settlement agreement with the remaining Boston members permitting him to share in the royalties for the first two Boston albums and to use the term “formerly of Bosto

Adidas v. The Little Guy

On Monday, July 30, 2018, Adidas was served with a trademark infringement suit for using the phrase “Never Done” after agreeing to partner with, the creator, Abraham Berti Levy, a small business entrepreneur, to use it to market apparel. Levy is a business owner who trademarked the phrases “You’re Never Done ® ”, “YND ® ,” “Never Done ® ,” “We’re Never Done ® ” and “I’m Never Done ® ” and subsequently plastered it on his line of apparel. Levi and Adidas were originally suppos

Counterfeits: The Battle of Wits

Last week, Nike Inc. won a case that was filed against several shipping companies that unlawfully transported thousands of counterfeit Nike shoes overseas to the U.S. Ten shipments of approximately 20,000 Nike ® shoes worth more than $650,000.00, were transported to the U.S., intending to go to Saint-Gobain Corp (a French importer). Two of the ten shipments containing the counterfeit products from China, were seized by U.S. Customs. In addition to finding for the Plaintiff