Trademarks are ubiquitous in the everyday lives of countless consumers. Indeed, some consumers have little difficulty drawing big brand logos from memory, down to the precise colors and details.1 That aptitude did not arise by happenstance: brands are designed to create a bond between the consumer and the product by provoking the consumer’s emotions.2 Still,…
Tag: Trademark
No Break for Nestlé’s Kit Kat Trademark Claim
For the past five years in the United Kingdom, chocolatiers Nestlé and their rival Cadbury have been locked in a legal battle stemming from Nestlé’s attempt to trademark the shape of the four-fingered Kit Kat chocolate bar.1 On July 8, 2010, Nestlé applied to register a trademark for the four-fingered shape of chocolate without the…
Delivery Start-Up DoorDash Sued by In-N-Out for False Affiliation
Popular California-based burger chain In-N-Out filed a lawsuit against DoorDash, a restaurant food delivery start-up founded in 2013.1 Unlike other restaurant delivery services like GrubHub and Seamless, DoorDash has its own drivers and delivery service in exchange of an additional fee, ranging from $2 to $7 depending on location.2 In-N-Out alleged that DoorDash infringed its…