gwb | Grubman Warner Berry

Brand Protection

Why Are There Three Raisin Brans? Generic Terms and Branding Limits

If you’ve ever stood in the cereal aisle long enough, you may have noticed that there are three different products called “Raisin Bran” — Kellogg’s Two Scoops Raisin Bran, General Mills’ Total Raisin Bran, and Post’s Raisin Bran.  How is it that three competing companies can use the exact same product name? Isn’t that what […]

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“CASA AZUL” Canned Tequila Maker Defeats Trademark Infringement Injunction Bid by “CLASE AZUL” Tequila Brand

A Texas trademark showdown between two tequila brands came to a likely end earlier this week, with the plaintiff’s bid for an injunction being shaken and the defendant’s brand unstirred.  In Casa Tradicion, S.A. de C.V. v. Casa Azul Spirits, LLC, CV H-22-2972, 2024 WL 1622638, at *1 (S.D. Tex. Apr. 15, 2024), the U.S. […]

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Ninth Circuit Determines Contributory Trademark Infringement Standard

Last week the U.S. Ninth Circuit adopted a standard for contributory trademark infringement liability, “a novel question” before the appellate court.  In Y.Y.G.M. SA v. Redbubble, Inc., No. 21-56150, 2023 WL 4697350 (9th Cir. July 24, 2023), the plaintiff, doing business as Brandy Melville, sold various clothing and home goods on Redbubble’s e-commerce site. In […]

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