On May 14, 2020, the Supreme Court of the United States decided Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc., No. 18-1086, holding that a party is not precluded from raising defenses submitted in earlier...more
5/17/2020
/ Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On June 19, 2107 the U.S. Supreme Court decided Matal v. Tam, holding that the Lanham Act’s prohibition on registering federal trademarks that “disparage” any person violates the First Amendment.
The Lanham Act prohibits...more
On January 21, 2015, the U.S. Supreme Court decided Hana Financial, Inc. v. Hana Bank, No. 13-1211, holding that whether two trademarks are “legal equivalents” creating a single, continuing commercial impression and may be...more
“The USPTO has issued a final rule notice reducing certain trademark fees. The reductions will benefit the public by lowering the costs of seeking and renewing federal registration. ...more
The Atlantic’s recent article, Buy Experiences, Not Things, addresses the fact that while, as consumers, we tend to think we want more material things, what really makes us happy are experiences. Anticipating experiences,...more
Despite years of litigation over keyword advertising, very few courts have reached the important question whether the use of a trademark solely as a trigger for an advertisement is likely to cause confusion. Last week, in a...more
Here is a perfect case study for the value in conducting trademark clearance searching before launching a new brand or product – or even using a slogan on a product....more