Tiffany foods anyone?

Tiffany Setting the Standard

Venable LLC, recently posted a summary of the Tiffany vs Costco trademark infringement lawsuit.  The full article is worth a quick read. Essentially using “Tiffany” to describe a ring, such as “Tiffany ring” or “Tiffany settings” is just fine.  But using Tiffany alone is not.  Tiffany® is a registered trademark. The federal judge ordered Costco to pay $19.4 million for trademark infringement and trademark counterfeiting.

So what does this have to do with food and supplement labels? Marketers are creative and always looking for creative romance copy.  A good review should look for and identify risky terms.

Take a quick quiz? From this list, which terms are trademarked?

  • Doritos
  • Hatch
  • Cha Cha Cha
  • Tabasco
  • Sriracha
  • Yellowstone

All of them, except Sriracha. Check for yourself at the USPTO.gov trademark search site.

Bottom line – know what the words you use mean; conduct a trademark search; and seek professional help.

 

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