trademarks articles

SRIPLAW partner Joel Rothman and client Kinon quoted in Wall Street Journal article on Alibaba

SRIPLAW partner Joel Rothman and client Kinon quoted in Wall Street Journal article on Alibaba

The Wall Street Journal just published an article entitled Fake Goods on Alibaba Hurt U.S. Small Businesses: Despite Jack Ma’s pledge to champion U.S. small firms, many struggle to get counterfeits removed from Taobao, which landed back on U.S. ‘notorious’ list. The article tells the story of our client, Kinon Surface Design, Inc., and its struggle,

Fighting Infringement on is a Game of Whack-a-Mole! is the world’s largest online business to business (B2B) marketplace.  If you are a creator, designer, inventor, product marketer, brand builder, or anyone else interested in global commerce or trade in consumer goods, you have probably either purchased from sellers on, or cursed at sellers on  Or maybe both. Fakes and counterfeits run

Three Significant Supplement 1st Amendment Suits filed versus FDA – Part I

Supplement lawyer Jonathan Emord has filed three important suits this summer challenging FDA administrative action on first amendment grounds.  The suits were all filed on behalf of long-time Emord clients Durk Pearson, Sandy Shaw, the Alliance for Natural Health, and the Coalition to End FDA and FTC Censorship. The complaints in all three cases were

Florida a speedy forum of choice in IP cases.

A recent study by LegalMetrics, a litigation analysis firm, named the Southern and Middle Districts of Florida among the top five districts for speed to resolution in patent infringement cases.   Since Florida has not been known as a “rocket docket” in the past, these results may seem surprising.  However, for intellectual property litigation attorneys, the

FDA stares down supplement seller based in Utah

After an FDA warning letter told True Renewal to either register its products with the agency or change claims on its Web sites, the supplement maker has altered product descriptions. The FDA targeted five products, saying the Web sites claimed the items could be used to cure, treat or prevent disease. Product descriptions on the

Injunction denied: Monster energy drink loses to VPX

Hansen Beverage, the California company that makes Monster, lost its bid to enjoin Vital Phamaceuticals (VPX), the Ft. Lauderdale maker of the Redline brand.  Hansen sought to bar VPX from making claims that its Redline Power Rush beverage and two ounce shot product provides “7 Hours of Pure Energy,” “7 Hours of Sustained Energy,” and

Pair of articles on trademarks and service marks

Norm Rich of Foley has penned two excellent articles on trademarks and service marks entitled Strength and value of US trademarks and service marks and Selecting trademarks and service marks that maximize protection and value on  The articles provide some useful guidelines for choosing arbitrary/fanciful marks or suggestive marks for optimal infringement protection.

When is a trademark deceptive advertising?

Nature Made is an incontestible trademark owned by supplement powerhouse Pharmavite, LLC. Nature Made is also the #1 selling “broad line” of vitamin and mineral supplements in the United States. The Nature Made brand is carried in practically every major drug store chain and supermarket from sea to shining sea, and is a popular item