Author Archives: Jonathan Holda

Turning Lemons into Lemonade: How one Trademark Owner Protected its IP and Avoided being Branded a Troll

That old saying seldom rings more true than it does with the recent cease and desist letter sent out by Jack Daniel’s. It seems that Patrick Wensink, an author, used a cover for his book that was quite similar to the trademarked label of Jack Daniel’s. Rather than send him a scalding and legalistic attack letter, (...) [Read More]

You are what you eat: EAT MORE CHIKEN versus EAT MORE KALE.

It is perhaps the first time in memory that chicken and kale were the subject of comparison – as reported in the Associated Press, Chick-fil-A has gone after a Vermont artist and his mark EAT MORE KALE, alleging that there is a likelihood of confusion between this mark and Chick-fil-A’s own mark EAT MORE CHIKEN. (...) [Read More]

Supreme Court oral argument in Mayo v. Prometheus method patent suit almost upon us.

Next week, the Supreme Court will hear oral arguments in the method patent infringement case of Mayo Collaborative Services v. Prometheus Laboratories, Inc. The question presented is as follows: “Whether 35 U.S.C. § 101 is satisfied by a patent claim that covers observed correlations between blood test results and patient health, so that the claim (...) [Read More]

Lady Gaga left “Speechless” after domain name dispute ruling.

Despite all of “The Fame,” even Lady Gaga doesn’t win them all. Recently, Gaga was on the losing end of a domain name dispute regarding the domain “ladygaga.org.” Gaga had brought a domain name complaint under the Internet Corporation for Assigned Names and Numbers’ (“ICANN”) Uniform Domain Name Dispute Resolution Policy (“UDRP”) against a fan (...) [Read More]

Comment period ending soon on FTC’s proposed amendments to the Mail Order Rule – clarification of applicability to Internet sales.

The Mail or Telephone Order Merchandise Rule was established to provide telephone or mail-order customers comfort as to when their merchandise would be shipped. If merchandise cannot be shipped within the time promised, the seller must either secure the customer’s consent to delay shipping or refund the customer’s payment. The FTC had concerns as to (...) [Read More]