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John Gilberston

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Bud Light Ordered to Remove “No Corn Syrup” from its Packaging - Even Though it’s True

John Gilberston \ September 16, 2019

In a bit of a head-scratcher, a federal judge in Wisconsin has ordered Anheuser-Busch to remove factually-correct language from Bud Light packaging––namely, that Bud Light contains “No Corn Syrup.” 

Doritos Tries Losing Its Name In New Ad Campaign

John Gilberston \ September 05, 2019

What’s in a name?  In a new advertisement, Frito-Lay, maker of Doritos, bets / That which we call a Dorito / By any other name would taste as sweet.  Or, for that matter, by no name at all…

Update: Mondelez Demands Facebook Turn Over Stoney Patch Contact Info

John Gilberston \ August 28, 2019

It seems like your Gmail contact information might be more secure than you thought.  After failing for a month to identify the maker of “Stoney Patch” gummies, Mondelez Canada, Inc. (MDI), maker of Sour Patch Kids, is asking the court to intervene.

LeBron James Opposes King James Trademark Application

John Gilberston \ August 26, 2019

Imagine you’re out and about, and you see a person wearing a t-shirt emblazoned with the words “King James”–– who or what comes to mind?  King James I? The King James Bible? How about LeBron James? 

Court Upholds Gatorade's "Sports Fuel" Slogan As Fair Use

John Gilberston \ August 12, 2019

In a unanimous ruling, the Seventh Circuit held last week that the slogan “Gatorade the Sports Fuel Company” should be considered fair use, and does not constitute trademark infringement.  The ruling dealt a blow to SportFuel, Inc., a dietary supplements company which sells..

Judge Tells Katy Perry To Get Off Her High Horse

John Gilberston \ August 07, 2019

In what is already shaping up to be a contentious appeal, a jury in California ordered Katy Perry and several co-writers of her hit song “Dark Horse” to pay $2.8 million in damages to members of a Christian rap group, on the grounds that the 2013 chart-topper infringed the..

Congress Takes Another Step Toward Copyright Small Claims Court

John Gilberston \ August 05, 2019

A bill in Congress that would create a special tribunal for small copyright disputes has cleared a key procedural hurdle on its way to enactment.  The Copyright Alternative in Small-claims Enforcement Act, or “CASE” Act, made it out of the Senate Judiciary Committee last week..

Marvel Pulls Off Escape From Iron Man Suit

John Gilberston \ July 31, 2019

After three years of litigation, Marvel is finally off the hook in a copyright suit involving the Iron Man franchise. 

Can I Add An Inventor To My Patent?

John Gilberston \ July 29, 2019

Occasionally we get questions about whether a patent owner may add an inventor to their patent who did not actually contribute to the invention.

Candy Maker Seeks to Vaporize “Stoney Patch” Gummies

John Gilberston \ July 26, 2019

In a case that’s certain to harsh some mellows, Mondelez Canada Inc. (“MCI”), maker of Sour Patch Kids, has filed a trademark-infringement suit in California against the maker of “Stoney Patch” gummies, a cannabis-infused version of the popular sweet-and-sour candy.