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Of Broccolini and Branding: Don't Let Your Trademark Wilt

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

So You Want to Be Famous - Do You Have $10 Billion? Patagonia Trademark Deemed Famous for Trademark Dilution Claim

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

Federal Circuit Weighs In on Converse's Midsole Trade Dress

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

Balenciaga Is Not Out Of The Woods—Little Trees Air Freshners Are At The Center Of A Trademark Infringement Suit

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

Ethical Brand Protection in the Age of Social Media: Fair Ball or Foul?

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

When Plaid Goes Bad - Burberry Files Infringement Suit Against Target Over Burberry’s Iconic Plaid Design

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

Beware! A Trademark Trial and Appeals Board Decision Can Stop You in Your Tracks

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

Tiffany Wins the Generic Battle, and the Spoils of War are Significant (Updated)

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

Tiffany Wins the Generic Battle, and the Spoils of War are Significant

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

Using Pop Culture References in Advertisements? Just Do It Right

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

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