The Trademark Law Blog

Monday, May 4, 2009

Steak n Shake Settles Lawsuit With Burger King

Steak n Shake has settled a lawsuit filed by Burger King over trademark infringement. The lawsuit pertains to Steak n Shake’s signature mini-hamburgers, which Burger King alleged was confusingly similar to its BK Burger Shots.

As a result of the lawsuit, Steak n Shake has changed the name of its burgers to “shooters.”

The lawsuit asserts that Burger King registered its name for the mini-burgers with the U.S. Patent and Trademark Office in 2008. This, the complaint alleges, was well before Steak n Shake began selling its burgers.

Disclaimer: The foregoing is general legal information only and not intended to serve as legal advice or a substitute for legal advice. If you have been injured or damaged due to trademark infringement go to www.ContingencyCase.com to see if there is a lawyer or attorney in your local area who is willing to take your case on a contingency fee basis. ContingencyCase.com is an online legal directory that allows Attorneys to advertise their availability to take all kinds of cases on a contingency fee basis (for example personal injury, eminent domain, contract cases, partnership disputes, etc.). Please note there are no guarantees that any attorney or lawyer will take your case. Copyright 2009 ContingencyCase.com – All Rights Reserved.

Taser Files Trademark Suit Against Second Life

Taser International filed a federal lawsuit against the creators of Second Life, the online world, for trademark infringement.

The lawsuit alleges that virtual replications of its stun gun are available on Second Life. Specifically, the lawsuit says that the web based reality is damaging to Taser’s reputation because the website contains sexual content and drug references.

Taser is seeking injunctive relief, damages from the online sales, punitive damages, and attorneys fees and costs.

According to a story in the Arizona Republic, some defendants in trademark suits have successfully used the First Amendment as a defense to these types of actions. This is particularly true where adult content is the basis of the damage to reputation element of the suits.

Sunday, August 10, 2008

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Friday, August 8, 2008