Showing posts with label Intellectual Property Patent. Show all posts
Showing posts with label Intellectual Property Patent. Show all posts

Saturday, 18 May 2019

US Judge Sides with Louis Vuitton over Pooey Puitton “Parody” Case



French fashion house and luxury retail company, Louis Vuitton, commonly known as LV has won the adjournment of a lawsuit which was filed by a toymaker named MGA Entertainment that accused the French fashion brand of attempting to disrupt its sales of a poop-shaped toy purse, called “Pooey Puitton”. The company was actually apprehensive that LV was waiting to drop a lawsuit on them over intellectual property rights as LV had made spitefully critical comments in France about how the Pooey Puitton toy violated its trademarks.
In December 2018, MGA Entertainment had filed legal proceedings against the fashion label, Louis Vuitton by stating that the Paris-based brand claimed to one of the MGA’s customers that “Pooey name and Pooey product infringed upon or diluted one or more of Louis Vuitton trademarks.” MGA also claimed that LV has a “history of not respecting parody rights in the US and filing vexatious lawsuits against such protected parody.” However, Judge Walter, a California federal judge dismissed this lawsuit filed by MGA Entertainment against Louis Vuitton by stating that the case could not prove any “actual controversy” between the two companies. The judge also mentioned that “The court need look only to the fact that Louis Vuitton has not sued MGA based on its trademark rights in the US, while it has initiated proceedings in France.” There was actually no evidence at all about Louis Vuitton’s plan to sue MGA Entertainment over violating its trademark as it was looking forward to dismissing the lawsuit, and not counter-suing in response.
As of now, the lawyers for MGA have not responded to requests for comment. For More Visit: http://kashishipr.com/ For view-source: https://kashishipr.com/blog/us-judge-sides-with-louis-vuitton-over-pooey-puitton-parody-case/

Monday, 6 May 2019

Bega Cheese wins peanut butter labeling dispute against Kraft


Intellectual Property Rights
Australian food brand Bega Cheese finally ends a long-term legal battle with American food giant Kraft by owning the exclusive rights to the widely known yellow-labeled peanut butter jar. Kraft went to the federal court claiming, it owned the absolute rights to the “jar with a yellow lid or a yellow label with blue or red peanut butter logo” and Bega Cheese’s use of packaging amounted to ambiguous and misleading conduct.
In 2013, Kraft Foods Limited, the US food giant’s Australian subsidiary, was renamed Mondelez Australia as part of a restructure and traded the Kraft brand and peanut butter labels under a license agreement. But Mondelez Australia sold the peanut butter business to Bega Cheese for $460 million in 2017 which began selling it in a yellow-labeled and lidded jar. Kraft claimed that Mondelez couldn’t sell the rights to use Kraft’s peanut butter Product Design as their Intellectual Property Rights were blatantly violated by a company whose license was about to expire. The federal court Justice David O’Callaghan on Wednesday rejected this allegation and declared that Bega Cheese had acquired all the rights to use the yellow-labeled peanut butter jar when the rights were transferred to them by Mondelez.
The Australian company is now “exclusively entitled” to use the current packaging of its smooth and crunchy peanut butter products.
Bega Food’s executive general manager McNamara was delighted as the matter had taken 18 months to resolve.
Another hearing will be held for the court to determine further orders and include discussions about damages. More Visit: http://kashishipr.com/ View Source: http://kashishipr.com/blog/bega-cheese-wins-peanut-butter-labeling-dispute-against-kraft/