Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking...more
9/11/2024
/ Brand ,
Cease and Desist ,
Dilution ,
Enforcement ,
Goods or Services ,
Investment ,
Marketing ,
Oversight Duties ,
Popular ,
Proprietary Information ,
Reputation Management ,
Trademark Infringement ,
Trademarks ,
USPTO
Almost half of the teams in the National Basketball Association (NBA) were recently sued for copyright infringement. In the complaint filed against the Atlanta Hawks, one of the plaintiffs—publisher Kobalt Music Publishing...more
The Olympics are coming! Now is a good time for brand owners who are planning promotional activities related to the Olympic games, or have endorsement agreements with Olympic athletes, to review the rules and make sure they...more
7/22/2024
/ Advertising ,
Ambush Marketing ,
Compliance ,
Corporate Branding ,
Intellectual Property Protection ,
International Olympic Committee (IOC) ,
Marketing ,
Olympics ,
Penalties ,
Sponsors ,
Trademarks
In October 2019, professional photographer Michele Eve Sandberg filed a complaint against musical trio Jonas Brothers (both as an entity and as individuals) for unauthorized use of photos Sandberg snapped of the band during...more
In April 2019, outdoor apparel company Patagonia, Inc. sued Anheuser-Busch, LLC in the District Court for the Central District of California. Patagonia brought eight claims against the Anheuser-Busch brand “Patagonia Brewing...more
Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist...more
2/23/2019
/ Cease and Desist ,
Declaratory Judgments ,
Design Patent ,
Fashion Design ,
Fashion Industry ,
Functionality ,
Nonobvious ,
Novelty ,
Ornamental Design ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Section 101 ,
Section 102 ,
Skechers ,
Substantially Similar
On December 28, 2018, both Calvin Klein and the parent company of the department store Saks Fifth Avenue, were sued by Wongab Corporation in the U.S. District Court for the Central District of California. ...more
On October 30, 2018, the Federal Circuit weighed in on Converse’s Chuck Taylor trade dress infringement lawsuit. As reported in If the IP Fits, Wear It: IP Protection For Footwear – a U.S. Perspective, Converse filed over 30...more
11/30/2018
/ Appeals ,
Exclusion Orders ,
Imports ,
International Trade Commission (ITC) ,
Remand ,
Reversal ,
Secondary Meaning ,
Trade Dress ,
Trademark Infringement ,
Trademark Invalidity ,
Trademark Registration ,
Wearable Technology
On October 19, 2018 plaintiffs CAR-FRESHNER Corporation (“CFC”) and Julius Sämann Ltd (“JSL”) filed suit against Balenciaga America, Inc. for alleged trademark infringement, false designation of origin, trademark dilution,...more
Presentation Goals -
• WHAT - Build and maintain strong brand equity through proper trademark policing
• HOW - Protect the brand via a custom enforcement strategy
• CONSIDERATIONS - Promote ethical investigations in...more
9/14/2018
/ Amazon ,
Attorney-Client Privilege ,
Cease and Desist ,
Corporate Branding ,
Corporate Counsel ,
Counterfeiting ,
Discovery ,
Facebook ,
Intellectual Property Protection ,
International Litigation ,
Investigations ,
Legal Assistants ,
Legal Ethics ,
Local Rules ,
Model Rules ,
Paralegal ,
Rules of Professional Conduct ,
Social Media ,
Takedown Notices ,
Trademark Enforcement ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Twitter ,
Websites
On May 2, 2018, high-end fashion designer and retailer Burberry Limited filed a complaint in the Southern District of New York against big box retailer Target Corporation alleging trademark infringement and trademark...more
5/15/2018
/ Burberry ,
Counterfeiting ,
Fashion Design ,
Fashion Industry ,
Federal Trademark Register ,
Intellectual Property Protection ,
Popular ,
Retailers ,
Target ,
Trademark Infringement ,
Trademarks
It has been a few years since the Supreme Court decision in the case B&B Hardware, Inc. v. Hargis Industries, Inc., and we are beginning to see the aftermath in the district courts. In B&B Hardware, the Supreme Court held...more
1/30/2018
/ B&B Hardware v Hargis Industries ,
Corporate Counsel ,
Goods or Services ,
Issue Preclusion ,
Likelihood of Confusion ,
SCOTUS ,
Summary Judgment ,
Trademark Infringement ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed...more
8/18/2017
/ Corporate Branding ,
Costco ,
Damages ,
Genericide ,
Jury Trial ,
Lost Profits ,
Punitive Damages ,
Summary Judgment ,
Tiffany and Company ,
Trademark Infringement ,
Trademarks ,
Treble Damages ,
Unfair Competition
As discussed in our previous blog post Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the Supreme Court’s Star Athletica Decision, Puma sued Forever 21 for design patent infringement, trade...more
In a recent precedential decision, In re University of Miami, Serial No. 86616382 (T.T.A.B. June 6, 2017), the Trademark Trial and Appeal Board (the “TTAB”) clarified the scope of the doctrine of trademark mutilation....more
On April 4, 2017, the Ninth Circuit ruled that Urban Outfitters and Century 21 (collectively “Urban”) were liable for willful infringement of a copyrighted fabric design owned by Unicolors Inc. Unicolors is a Los Angeles...more
On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to disparaging marks is invalid under the Free Speech Clause of the First...more
2/10/2017
/ Appeals ,
Disparagement ,
Fashion Industry ,
First Amendment ,
Free Speech ,
Lanham Act ,
Lee v Tam ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO
In February of 2013, high-end jeweler Tiffany & Co. sued Costco Wholesale Corp. in the federal court for the Southern District of New York for using the designation “Tiffany setting” since 2007 in the sale of two styles of...more
11/14/2016
/ Corporate Branding ,
Costco ,
Genericide ,
Jury Trial ,
Lanham Act ,
Popular ,
Punitive Damages ,
Summary Judgment ,
Tiffany and Company ,
Trademark Infringement ,
Trademarks
In this age of smartphone cameras and hashtags, an impromptu remark or a right place-at-the-right-time snapshot can “go viral” and create instant and immense goodwill. Businesses today use social media as a tool to promote...more
1. Ownership of marks -
Who may apply?
An application may be filed by any person or legal entity that uses or intends to use a mark in connection with goods sold or distributed, or services transacted, in United...more
Social media platforms are very useful, but they also create legal issues. Without question, social media has changed the way businesses communicate with their clients and consumers. Likewise, social media has changed the way...more
10/21/2015
/ Advertising ,
Celebrity Endorsements ,
Copyright ,
Copyright Infringement ,
Facebook ,
Fair Use ,
Intellectual Property Protection ,
Name and Likeness ,
Patents ,
Personal Brands ,
Right of Publicity ,
Social Media ,
Social Media Policy ,
Terms of Use ,
Trade Secrets ,
Trademarks ,
Twitter
We recently asked: for customers and businesses alike, what should we know about libel and defamation (and the legal pitfalls of online rants in general) before we post negative comments online? Here’s what we heard back....more