KMK Law Complex Litigation Blog

Once a company owns a trademark, it must police the mark for unauthorized use, or risk losing its rights. As a result, companies will send “cease and desist” letters to enforce and protect their marks. At times, however, legal rights are only one consideration. Public opinion and consumer perception are also part of the equation, as the Aloha Poke Co. (“Aloha Poke”), a Chicago based restaurant, recently learned firsthand.

An exploding craft beer industry has led to an uptick in lawsuits about beer names and labels.  Craft beer lovers do not always appreciate the lawsuits.  But what do the federal courts think about them?