Latest firm news

In-N-Out Withstands Trade Dress Infringement Challenge by Doll N’ Burgers

In 2020, the well-known In-N-Out Burger chain brought suit in the U.S. District Court for the Eastern District of Michigan, alleging that Doll N’ Burgers’ restaurants looked too similar to In-N-Out’s establishments.  The Court recently ruled against Doll N’ Bugers’ attempt to cancel In-N-Out’s trade dress registration, finding that In-N-Out does own the look of its restaurants’ interior, and is recognizable by the public.  Other issues remain to be decided in the case, such as whether In-N-Out has valid common law trade dress (among the elements being the color scheme, menu layouts, employee uniforms, and interior design), and whether Doll N’ Bugers has infringed upon In-N-Out’s trade dress.  A jury trial has been requested in the case.

The Battle Over The Birkin Continues: Hermes v. Rothchild Update

New York Southern District Judge Jed Rakoff has rejected artist Mason Rothchild’s motion to dismiss Hermes International S.A.’s lawsuit over his sale of non-fungible tokens called “MetaBirkins”. Judge Rakoff said he would lay out his reasoning in a later opinion. In the meantime, the case continues to be observed for its potential to explain trademark law’s applicability to NFTs. The case is Hermes Int’l v. Rothschild, S.D.N.Y., No. 1:22-cv-00384.

Vegadelphia Sues Dunkin Donuts and Beyond Meat Over Slogan for Plant-Based Breakfast Sandwich

A Philadelphia-based vegan food company recently sued Dunkin Donuts and Beyond Meat in the U.S. District Court for the Middle District of Florida.  At issue in the case is Dunkin Donuts’ and Beyond Meat’s alleged used of Vegadelphia’s trademarked slogan: “Where Great Taste is Plant-Based.”  In the lawsuit, Vegadelphia alleges that Dunkin and Beyond Meat promoted their breakfast sausage sandwich using the phrase:  “Great Taste, Plant-Based.”  Vegadelphia further claims that the defendants “knew about this federally registered trademark on information and belief when they adopted the indistinguishable ‘great taste, plant-based’ slogan for a celebrity-laden national advertising campaign supporting their Beyond Sausage meat substitute menu item.”  Vegadelphia is seeking an undisclosed amount of damages as well as injunctive relief preventing any further use of the trademark.