News & Analysis as of

Affirmative Defenses Trademark Infringement

Dorsey & Whitney LLP

Faulty Universe and Suggestive Stimuli Doom Admissibility of Consumer Survey Evidence

Dorsey & Whitney LLP on

There are two sure-fire ways to maximize the chances that a consumer survey gets bounced out of federal court: (1) surveying the wrong people; and (2) leading them to a desired “correct” answer. Both of these survey maladies...more

Dorsey & Whitney LLP

From Pocket to Wrist: Decision for Vortic Affirmed on Appeal

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We have previously written about the trademark dispute between Vortic - a watchmaker that restores antique pocket watches, and converts them into wrist watches - and the venerated Hamilton Watch Company, which produced its...more

Dorsey & Whitney LLP

To Kalon: Trademark or Geographical Description

Dorsey & Whitney LLP on

The Northern District of California concluded last week that Constellation Brands has the exclusive right to use the TO KALON and TO KALON VINEYARD marks on wine, and that The Vineyard House, LLC (TVH) “cannot use the term in...more

Dorsey & Whitney LLP

Bong Maker Avoids Having to Cough Up Attorney’s Fees

Dorsey & Whitney LLP on

A bong distributor with a reputation as a serial trademark plaintiff managed to persuade a Florida federal court that it should not be on the hook for the prevailing party’s attorney’s fees. In Sream Inc. et al. v. CIJ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2020: "Soft" IP Takes Center Stage at the Supreme Court

The “soft” IP world is looking forward to rulings in six trademark and copyright cases this term, far more than in recent years, and all of which address points of uncertainty that will impact trademark and copyright...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – November 2019

Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Spring 2019

No Personal Jurisdiction Over French Manufacturer of Allegedly Defective Component Incorporated into Product Sold by Different Manufacturer....more

Dorsey & Whitney LLP

Nominative Fair Use of a Trademark: The Second Circuit Weighs In

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If a defendant in a trademark case uses the plaintiff’s trademark, not to identify the defendant’s own products, but rather to refer accurately to the plaintiff’s products, is that trademark infringement? Called “nominative...more

Morgan Lewis

Second Circuit Highlights Splits on Nominative Trademark Fair Use

Morgan Lewis on

The Second Circuit disagrees with sister circuits and rejects arguments that nominative fair use is an affirmative defense that is available even when confusion is likely and that the traditional nominative fair use analysis...more

Katten Muchin Rosenman LLP

The Katten Kattwalk - Issue 08

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more

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