Thomas M. Joseph, Esq.

03/15/2023

Life imitates Coming to America…

Battle of the burgers🍔

McDonalds vs Mr. Charlies is a situation of potential trademark infringement and dilution due to the similarities between the two brands.

A summary of the article from the Trademark Lawyer notes:

⚪Trademark law is designed to protect unique elements that distinguish one brand from another.

⚪Similarities between brands can cause confusion among consumers and lead to trademark infringement or dilution.

⚪The similarities between McDonald’s and Mr. Charlie’s in their use of color, product names, and industry raise questions about potential trademark infringement and dilution.

⚪Trademark infringement occurs when one brand uses another brand’s trademark without permission, while trademark dilution occurs when a brand’s trademark is used in a way that weakens its distinctiveness.

⚪While both brands are entitled to protect their unique elements, they must also respect the trademark rights of others. It remains to be seen whether McDonald’s will take action against Mr. Charlie’s for potential trademark infringement and dilution.

📷: Image source - https://loom.ly/0Xva8qk

05/29/2020

My latest blog post:

The Supreme Court essentially ruled in Georgia v. Public Resource.Org, Inc., 590 U.S. ___ (April 27, 2020), that states cannot claim that they are entitled to copyright protection for their laws and related materials. More specifically, the Court held that “copyright does not vest in works that ar...

04/16/2020

My latest blog post.

https://www.industrialheating.com/blogs/14-industrial-heating-experts-speak-blog/post/95616-the-supreme-court-gives-the-states-a-license-to-infringe-copyrights

03/05/2020

My latest blog post:

This is the third part of a series of posts on the three trademarks set forth in the title. The subject of this blog is a trademark for the phrase “Tom Terrific,” which was filed by the professional football player Tom Brady.

02/20/2020

My latest blog post:

This is the second part of series of posts in which I look at Office Actions that were issued for set of trademark applications for three trademark that were filed by well-known individuals or organizations last year. The subject of this post is a trademark for the term “The,” which was....

02/06/2020

This is a great article on a former professional football player turned inventor/entrepreneur:

https://www.uspto.gov/learning-and-resources/journeys-innovation/field-stories/coolest-award-i-have

02/06/2020

My latest blog post:

I decided to look at Office Actions that were issued for set of trademark applications for three trademark that were filed by well-known individuals or organizations last year.

11/14/2019

My latest blog post:

The United States Court of Appeals for the Federal Circuit (the “Federal Circuit”) issued an important ruling regarding the Patent Trial and Appeal Board (the “PTAB”) in Arthrex, Inc. v. Smith & Nephew, Inc., __ F.3d __ (Fed. Cir. October 30, 2019). Specifically, the Fede...

09/13/2019

I just posted this on LinkedIn:

September 13, 2019: Tom Joseph posted an article on LinkedIn

09/12/2019

My latest blog post:

It is well known that the U.S. federal government’s Executive Branch administers the U.S. patent system and that it provides relief to aggrieved patent owners through its courts.

09/11/2019

I just posted this on LinkedIn. Ohio State's "THE" trademark application has been rejected...

September 11, 2019: Tom Joseph posted on LinkedIn