Not a Kerns Kitchen Derby-Pie.

Owners Of Derby-Pie Trademark Fight To Keep It From Becoming Genericized

First of all, what’s a derby pie? For those not living in or near Louisville, many Kentucky Derby fans say it’s a pie made with bourbon, chocolate chips and pecans. And then there’s one company that says it’s a walnut treat made without bourbon. Thing is, the latter holds the trademark to the phrase Derby-Pie, and it’s not ready to allow others to peddle their own iterations of the traditional dessert with that name. [More]

(The Caldor Rainbow)

Macy’s Tries Again To Win Back Trademarks From Man Who Resurrected Astro Pops And Hydrox

When Macy’s Inc. swallowed up a slew of department stores across the land — from Marshall Field’s to Filene’s, Abraham & Straus to Jordan Marsh — it rebranded many of them, turning the formerly regional chains into Macy’s stores. But in a new lawsuit brought by the company that echoes a suit from 2011 that was slated to come to trial soon, Macy’s says the California company behind the resurrection of Hydrox and Astro Pops is infringing on trademarks it held for many of those recognizable brand names. [More]


Lawsuit Against Jim Beam Challenges Bourbon’s “Handcrafted” Claim

When it comes to making a name for a brand, the words companies use to describe their products are chosen very carefully for maximum appeal. But the thing is, those words have to be true. Jim Beam is the latest liquor maker to face challenges over its claims that its bourbon is actually “handcrafted.” [More]


Because a child is not a hazelnut chocolate spread, a judge in France has rejected a couple’s attempt to legally name their baby “Nutella,” saying it’s not only a trademarked name, but also would be “contrary to the child’s interest to be wearing a name like that” as it “can only lead to teasing or disparaging thoughts.” [La Voix Du Nord via]

(New England Brewing Company)

Brewery: Sorry We Put A Gandhi Robot On A Beer Label

In yet another example of companies seemingly unaware that using a culture/religion’s symbols to peddle a product is likely to cause controversy whether the intentions were ill or not, a United States brewery is busy apologizing to anyone offended by a Gandhi robot on its beer labels. [More]


Hellmann’s Maker Revamps Website Amid Lawsuit, Calling Some Products “Mayonnaise Dressing,” Not Mayonnaise

Less than a week after it was first reported that Unilever, the parent company for Hellmann’s mayonnaise, filed a lawsuit against California-based Hampton Creek for false advertising over the company’s use of the word “mayo” in its eggless sandwich spread’s name, the larger company is reportedly covering its tracks, making sure its own use of the term is above-board by tweaking its website. [More]

(Robert Fairchild)

Coke Reverses 10 Years Of Sagging Sales By Slapping Names On Bottles

To quote Stephen Sondheim, you’ve gotta get a gimmick if you want to get ahead. Just ask the folks at Coca-Cola who managed to briefly reverse a decade-long trend of declining Coke sales simply by slapping various people’s names on their bottles and cans. [More]

MGM Threatens To Sue Race For Recreating Rocky Balboa’s Epic Run

From the cease-and-desist letter sent by MGM's lawyer to the organizer of the Rocky 50K Fat Ass Run.

Here in Philadelphia, it’s rare to walk by the Art Museum steps without seeing some tourist trying to reenact the triumphant conclusion to Rocky Balboa’s training runs in Rocky and Rocky II. Movie studio MGM has no issue with selling out this iconic scene to a questionable payday loan operation, but if someone actually wants to use the word “Rocky” to organize a completely free running event that retraces the Italian Stallion’s jog through Philly, well… MGM has a problem with that. [More]

McDonald’s Tries Again To Trademark “McBrunch”

McDonald’s Tries Again To Trademark “McBrunch”

Given McDonald’s love of selling breakfast, and its even deeper affection for trademarking anything even vaguely food-related starting with “Mc,” it’s surprising to learn that the company is just now getting around to trying to stake its claim on the phrase, “McBrunch.” But the real question is: Does this mean a real brunch menu is on the way from McDonald’s? [More]

Twitpic Shutting Down Over Trademark Spat With Twitter

Twitpic Shutting Down Over Trademark Spat With Twitter

While Twitter has allowed users to upload photos directly to their feeds for quite some time, some users still prefer Twitpic for hosting and sharing their images. But Twitter apparently has an issue with the “Twit” part of Twitpic’s name, so the service will soon cease operations instead of getting caught up in a drawn-out legal fight over a name. [More]


Taiwan Restaurant Apologizes For Naming A Dish “Long Live The Nazis”


While I suppose there could be a worse name for a pasta dish, “Long Live the Nazis” is pretty much as horrifying as it gets. Yet the manager of an Italian restaurant in Taiwan says they had no idea the moniker for menu items featuring a German sausage would be a bad idea. Or just completely offensive. [More]

Saks Fifth Avenue In Dogfight With Snaks Fifth Avenchew

Saks Fifth Avenue In Dogfight With Snaks Fifth Avenchew

The name “Snaks Fifth Avenchew” is an obvious parody of world-famous upscale store Saks Fifth Avenue, but lawyers for Saks aren’t laughing, recently telling the animal snack company to stop using its punny name. [More]

This Kmart was supposed to close but has remained open as a "Kmart at a Discount" outlet. (Photo:

“Kmart At A Discount” Store Doesn’t Quite Live Up To Its Name

If outlet stores for mid- to high-end retailers give shoppers a way to find decent bargains, you’d think that a Kmart outlet store would have some real bottom-dollar deals on items that couldn’t be cleared from inventory at regular Kmart stores. But shoppers who visit a “Kmart at a Discount” location should enter with the caveat that saving money is a hit-or-miss proposition. [More]

(Chris Rief)

Patent Office Cancels Washington Redskins Trademark Registration

The already heated debate over the continued use of the term “Redskins” by the Washington, D.C., NFL team got hotter this morning, with the U.S. Patent and Trademark Office canceling the team’s trademark registration, saying it is “disparaging of Native Americans.” [More]

Latter-Day Saints Church Says Dating Site Can’t Match Mormons Because “Mormon” Is Their Trademark

Latter-Day Saints Church Says Dating Site Can’t Match Mormons Because “Mormon” Is Their Trademark

A businessman wants to launch a new website. Like a Christian Mingle or a JDate, its purpose is to let members of a particular religion find love with one another. In this case, the target is members of the Church of Jesus Christ of Latter-Day Saints, better known as Mormons. But he’s running into a snag with the name. When is a Mormon not a Mormon? When he’s a “Mormon®.” [More]

General Mills, Girl Scouts Go After Makers Of Liquid Nicotine Over Trademarked Names

General Mills, Girl Scouts Go After Makers Of Liquid Nicotine Over Trademarked Names

Though the makers of e-cigarettes say their devices aren’t marketed to children, some companies that make liquid nicotine are not only using candy and fruit flavors that are forbidden from regular tobacco, but they’re using trademarked names of well-known snacks, sweets, and cereals. This isn’t sitting well with the companies that hold those trademarks. [More]

(Eric Jou)

Burger King China’s PooPoo Smoothie Is Apparently Better Than Its Name Would Imply

Here’s another to add to the list of product names that don’t travel well: Burger King China’s PooPoo Smoothie, which may conjure up images of… well, I’d rather not say, but your inner grossed-out 8-year-old knows what I mean, but which has nothing to do with excrement and is apparently not awful. [More]

Bank Of America Addresses Junk Mail To “Lisa Is A Slut”

Bank Of America Addresses Junk Mail To “Lisa Is A Slut”

Only a couple weeks after OfficeMax sent out some junk mail addressed to “Daughter Killed in Car Crash,” a California woman says a mailing from Bank of America showed up at her mother’s home with her name printed as “Lisa Is A Slut” McIntire. [More]