The following article, "Bourbon and Beer: Barrels of Trademarks Fun," was written by Amy Cahill and Michelle Browning Coughlin and was posted in the Louisville Bar Association Bar Briefs, December 2016 edition: With headlines like “Bourbon and Whiskey Sales Are Soaring Around the World,” and reports showing 2015 as the “eighth consecutive year of double-digit growth” for the craft brewery … [Read more...]
Diets and Disclaimers: The Fine Print and Digital Advertising
January 4, 2017 by ·
Our neighbor announced in December that his New Year’s resolution was to begin a strict paleo diet. On January 2, while he was visiting our home, we asked how the diet was going. He responded that the New Year’s resolution did not begin until January 3, because he was “on holiday” until then given his employer’s official observance of New Year’s Day on the first work day of the year, January … [Read more...]
Trademark Applicants Beware: Trademark Scams and Solicitations
December 27, 2016 by ·
If you are a trademark applicant, you have most likely received a letter or email about your trademark offering to “publish” it or some other service, often for a hefty sum. These emails or mailings may also warn of potential infringement by others if you do not take action. Often, these solicitations appear to be official mailings from the United States Patent and Trademark Office (“USPTO”) or … [Read more...]
Trade Dress Litigation Involving Two Large Manufacturers Of Distilled Spirits
December 20, 2016 by ·
Two large players in the distilled spirits space are involved in trade dress litigation filed in U.S. District Court for the Southern District of New York. The claims involve product appearance, specifically claims by Diageo that the Sazerac product marketed under the name Dr. McGillicuddy’s is likely to confuse consumers in the marketplace. A side-by-side of the two products as set forth in … [Read more...]
Gaining the Courage to Start Your Own Firm
December 16, 2016 by ·
Listen as New Solo host, Adriana Linares, interviews Amy Cahill, the founder of Cahill-IP, PLLC. Amy and Adriana discuss the challenges many lawyers encounter when faced with the decision to start up a firm of their own. Amy speaks about what motivated her to start her practice and encourages other attorneys to take this leap of faith, as well. Cahill-IP, PLLC is a law firm based out … [Read more...]
Digital Branding – What Girl on Which Train?
October 21, 2016 by ·
Sales of Girl on a Train have enjoyed a significant boost from a movie of the same title – or is it the same title? The Girl on the Train was a best-selling novel by Paula Hawkins that was made into movie blockbuster staring Emily Blunt released last month. As you might imagine, the story is a thriller involving a female lead character. Girl on a Train was a psychological thriller … [Read more...]
E commerce Meets Bricks and Mortar – Or the Other Way Around?
December 7, 2015 by ·
Amazon opened its first bricks and mortar store in Seattle last month. The company calls the store (a book store) an “extension” of Amazon.com. An extension? Online retailers are starting to see the benefits of actual physical spaces with human beings in them. The number one cited benefit is the ability to observe customers and get first-hand customer feedback (what are all those online … [Read more...]
Product Picture Thumbnails – Trademark Use or Something Else?
November 30, 2015 by ·
There is no effective way to describe to someone who does not use social media or shop online the ways in which the information delivery systems differ from what they know. This is because the entire platform interacts with the human data intake system differently. It is like visiting another country and having to peel back your own basic operating system to understand what is going on around … [Read more...]
Is Digital Branding Better?
November 18, 2015 by ·
There has been a lot of recent attention on a publication called “The Oldie.” The Oldie celebrates all things “not modern” in a way that makes them seem cool. Think aloof but clever curmudgeon, less like Archie Bunker and more like Sherlock Holmes. The Oldie is of course a backlash against a digital age where it seems each day one more experience has been transformed by technology, … [Read more...]