News & Analysis as of

Summary Judgment Trademarks

Court of Appeal gets digital

by Dentons on

On March 27, 2017, the Court of Appeal for Ontario released its endorsement in Boaden Catering Limited v. Real Food for Real Kids Inc., which concerns a dispute over domain name registrations. The upshot of the decision is...more

No False Advertising Where There Is No Injury or Statements Are Opinions

by McDermott Will & Emery on

Addressing the standard for violating the Lanham Act’s false advertising provisions, the US Court of Appeals for the Fourth Circuit affirmed a district court’s grant of summary judgment for the defendant, finding that the...more

Lanham Act Cannot Be Used to Create “Species of Mutant Copyright Law”

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit upheld a district court decision granting summary judgment to a defendant that its use of digital files did not infringe plaintiff’s trademark or trade dress for its CD-Gs...more

SpongeBob Restaurant Found To Infringe Viacom’s Trademark

On January 11, 2017, the Southern District of Texas granted Viacom International Inc. summary judgment on its trademark infringement claim against IJR Capital Investments, LLC’s name for its proposed restaurant, “The Krusty...more

Sixth Circuit Drops the Beat: Social Media Relevant in Determining Likelihood of Confusion

by McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit affirmed a grant of summary judgment, holding that the plaintiff provided insufficient evidence to find that relevant consumers were likely to confuse the sources of his and the...more

It’s in the Bag: True Parody Cannot Dilute Famous Mark

by McDermott Will & Emery on

The US Court of Appeals for the Second Circuit upheld a grant of summary judgment that a canvas tote bag with a drawing of an iconic handbag printed on its side did not infringe or dilute the trademark of the iconic high-end...more

Second Circuit Upholds Parody Defense, Tosses Louis Vuitton’s Trademark Suit

by Morrison & Foerster LLP on

In late December, the Second Circuit issued a ruling in Louis Vuitton Malletier, S.A., v. My Other Bag, Inc., affirming the district court’s grant of summary judgment for claims of trademark infringement and dilution of a...more

Another IP Lesson from Bikini Bottom: What “The Krusty Krab” Teaches Us About Trademark Protection for Fictional Places

by Dorsey & Whitney LLP on

In a previous post we discussed what SpongeBob SquarePants can teach us about trademark licensing. Now, more IP lessons are bubbling up from the fathoms below thanks to our absorbent, yellow and porous friend. ...more

Louis Vuitton Left Holding the Bag

In Louis Vuitton Malletier S.A. v. My Other Bag, Inc., [16-241-cv] (December 22, 2016), the Second Circuit affirmed summary judgment for My Other Bag that its parody bag did not infringe or dilute Louis Vuitton’s trademark...more

Litigation Alert: In Louis Vuitton Trademark Suit, Second Circuit Says Parody Prevails Even if Brand Owner Doesn’t “Get” the Joke

by Fenwick & West LLP on

The U.S. Court of Appeals for the Second Circuit recently affirmed the Southern District of New York’s order on summary judgment that My Other Bag’s canvas tote bags do not dilute or infringe Louis Vuitton’s trademarks for...more

AGG Litigation Insights Newsletter - Fall 2016

by Arnall Golden Gregory LLP on

Social media is everywhere, and while it gives businesses an unprecedented opportunity to reach a record number of consumers at a minimal cost, it can prove to be a double edged sword when disgruntled employees or customers,...more

A Day Late And A Dollar Short – Court Grants Summary Judgment On Laches Defense

by Orrick - NorCal IP Group on

Order Granting Summary Judgment On Dropbox Laches Claims, Dropbox, Inc. v. Thru Inc., Case No. 15-cv-01741-EMC (Judge Edward M. Chen) - The proverb “[e]quity aids the vigilant, not the sleeping ones” aptly describes the...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

Copyright and Trademark Case Review: Who’s on First?, Virtual Lockers and Lanham Act Fee-Shifting

by WilmerHale on

Copyright Opinions - Second Circuit Permits Distribution of Cloud-Based Samples, But Declines to Consider “Novel” Cloud Storage Infringement Issue: Smith v. Barnesandnoble.com, LLC, No. 15-3508 (2d Cir. October 6,...more

An Attempt at Efficiency: A Look at the TTAB’s Upcoming Rule Changes

by Morgan Lewis on

The rule changes are aimed at streamlining proceedings before the TTAB. The Trademark Trial and Appeal Board (TTAB or the Board) will implement several important rule changes as of January 14, 2017. The changes will...more

No Post-Trial “Bait-and-Switch” on Legal Theory

by McDermott Will & Emery on

In a trademark infringement dispute, the US Court of Appeals for the Seventh Circuit found that a district court abused its discretion in allowing the plaintiff to argue that the defendant failed to prove continuous of use of...more

Trademark Review | September 2016

BLACK GIRLS ROCK! and BLACK MEN ROCK Deemed Confusingly Similar - This opposition involved a straight-forward likelihood of confusion analysis. Opposer owned a registration for the mark BLACK GIRLS ROCK! for clothing and...more

Trade Dress Claim Based on Shoe’s Rectangular Metal Toe Plate Booted by SDNY

The Southern District of New York recently booted shoe manufacturer LVL XIII Brands, Inc.’s trade dress infringement suit against Louis Vuitton Malletier S.A. in LVL XIII Brands, Inc. v. Louis Vuitton Malletier S.A.. At issue...more

A Common Cue Creates No Confusion

Cue, Inc. sells high-end home audio equipment (e.g., table radios and speakers). In 2007, it applied to register the trademark CUE ACOUSTICS, and in late 2009 the USPTO allowed its application. Cue’s CUE ACOUSTICS mark was...more

Circuit to District Court: Pucker Up for a Remand

by McDermott Will & Emery on

Addressing the application of the Sleekcraft likelihood-of-confusion factors in the context of a summary judgment motion, the US Court of Appeals for the Ninth Circuit reversed the district court’s grant of summary judgment,...more

Edible Arrangements’ Trademark Case Bears Fruit

In a recent decision, Judge Vanessa L. Bryant shed some light on a significant new issue: trademark infringement in the world of internet keyword advertising. In a case with important implications for online marketing...more

Certification Mark May Be Infringed Despite Nominative Fair Use, Lack of Source Confusion

by McDermott Will & Emery on

Addressing the use of a certification mark in connection with information systems training, the US Court of Appeals for the Second Circuit reversed and remanded a district court grant of summary judgment for the defendants on...more

How to Infringe a Certification Mark – The Second Circuit Counts the Ways

by Dorsey & Whitney LLP on

We blogged last week about a recent decision by the Court of Appeals for the Second Circuit in International Information Systems Security Certification Consortium, Inc. v. Security University, LLC, in which the Court...more

Eight is Not Enough: Second Circuit Adopts Eleven Factor Nominative Fair Use Test in Certification Mark Case

International Information Systems Security Certification Consortium (known as ISC2) is a non-profit organization that owns a registered certification mark for the term CISSP® (meaning “Certified Information Systems...more

Amazon’s clear labelling defeats MTM trademark claims

The US Supreme Court has denied certiorari for the Ninth Circuit decision in Multi Time Machine Inc (MTM) v Amazon.com Inc on February 29 2016, which held that Amazon did not infringe MTM’s trademark in its presentation of...more

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