It happens rarely, but there are some areas in which lawyers provide legal advice that is systematically ignored by a large segment of clients. For many decades, trademark lawyers have advised clients not to use “descriptive terms” as trademarks because they are “weak.” And yet clients – or at least some clients – love these
Garnish and Gather, LLC (“G&G”), a relatively small Georgia company selling meal kits and fresh and prepared foods, has filed a trademark lawsuit in the Southern District of New York against Target Corporation to stop Target’s use of “Good & Gather” as its new in-store food brand. The history and current status of the case
Two recent cases in the news demonstrate the dangers of failing to consider judicious management of intellectual property rights with regard to products that include expressive content or identifiers. The wildly popular video game – Fortnite – includes animated dances that are sold to game players as “emotes.” The emotes can then be attached to
