Showing posts with label Lawsuit. Show all posts
Showing posts with label Lawsuit. Show all posts

Thursday, June 19, 2014

U.S. Patent Office Revokes Washington Redskins Trademark


The Washington Redskins' controversial logo and name have been brought to the forefront of public debate once again after the United States Patent Office issued a ruling that revoked 6 of the team's trademarks, calling the name and logo "disparaging" to Native Americans.

The Trademark Trial and Appeal Board, part of the U.S. Patent Office's legal framework, issued the ruling Tuesday to the surprise of many nationwide observes. Native American activists applauded the ruling. 

The Washington Redskins' name has been the subject of Patent Office rulings before. In 1992, the Office similarly revoked the teams trademarks, but the case was tied up in appeals until 2005, when a federal judge in the District of Colombia ruled that the evidence did not support revocation and that the original plaintiffs had waited too long to bring suit. 

However in 2012, Amy Blackhorse brought a similar suit against Pro Football, Inc. corporate parent of the Washington Redskins, which eventually lead to Tuesday's ruling.

"It is a great victory for Native Americans and all Americans," Blackhorse said.

The Oxford English Dictionary notes that the term was originally neutral, but it "lost it's neutral, accurate descriptive sense and became a term of disparagement."

While the ruling does not prohibit the team from continuing to use their name, it would allow counterfeit merchandise to be sold with relative ease as the Redskins would not longer retain exclusive use of their name or logo. Additionally, there will be no hindrance on the Redskins trademarks until all appeals have been heard, which could take several years. 

Snyder appears to be set in his ways. Snyder himself offered no comment, but the team spoke through their Trademark attorney Bob Raskopf, who issued a harshly worded response to the ruling. The statement reads in part: "We are confident we will prevail once again, and that the Trademark Trial and Appeal Board’s divided ruling  will be overturned on appeal. This case is no different than an earlier case, where the Board cancelled the Redskins’ trademark registrations, and where a federal district court disagreed and reversed the Board."

However, pressure appears to be mounting from both the public and government officials for Redskin's owner Dan Snyder to change the team's name and logo. Half of the United States senate wrote to Snyder directly to implore him to adopt a new team brand, name, and logo. Additionally, public outcry condemning the name and logo has grown in recent years.

The board's 2- ruling noted that “the recognition that this racial designation based on skin color is disparaging to Native Americans” is demonstrated “by the near complete dropoff in usage of ‘redskins’ as a reference to Native Americans beginning in the 1960's."

The Redskin's are expected to appeal the ruling.

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Friday, June 13, 2014

Hershey Files Suit Against Colorado Marijuana Edible Manufacturer




The Hershey Co. has filed a lawsuit against TinctureBelle LLC and TinctureBelle Marijuana LLC for allegedly creating marijuana-infused products that closely mimic the design and appearance of four of Hershey's candy products.

The candy maker stated that the products created and distributed by TinctureBelle not only infringe on Hershey's products, but also create a safety hazard for children and unknowing consumers who might confuse the two products and mistakenly ingest marijuana.

The four products in question, TinctureBelle's Ganja Joy, Hasheath, Hashees and Dabby Patty, effectively copy the labeling, style, and appearance of Hershey's Almond Joy, Heath, Reese's Peanut Butter Cups, and York Peppermint Patties.

The Hershey Co. alleges that the products are so similar that TinctureBelle's products "create a genuine safety risk with regard to consumers" who could accidentally think they are eating a Hershey's product, when in fact they are consuming a candy infused with marijuana.

TinctureBelle's products are available at Colorado's medical marijuana dispensaries and recreational retailers.

The Hershey Co. seeks injunctive relief preventing TinctureBelle from creating and distributing the products, in addition to monetary damages.

Driving while intoxicated as a result of marijuana consumption has become an increasing problem in Colorado since the passage of various laws allowing both medical and recreational use of the drug.

If you are injured in a car accident in the greater Denver metro area, you need to speak with an experienced personal injury attorney. Call The Law Offices of Robert Paysinger, P.C. today for a free initial consultation. We help injured people - it's all we do!