In a recent precedential decision, the Trademark Trial and Appeal Board (the “Board”) found that Door Dash, Inc. (“Door Dash”) was merely doing what all trademark owners must do—protect their valuable rights. Door Dash, Inc....more
It’s been an annual tradition here at The TMCA to write about a trademark and copyright dispute between Louis Vuitton Malletier, S.A. and My Other Bag, Inc. (“MOB”) over a line of canvas tote bags that parodied Louis...more
It is time for a new look at trademark bullying. In recent months, trademark bullying has captured the attention of the trademark bar and the national media. The Wall Street Journal has written about it, the International...more
Protecting a trademark can often create as many new problems for a brand owner as it solves, if not handled properly. Recently, King.com, owner of the popular game app Candy Crush Saga, received an avalanche of...more
In This Issue: • The Power Shifts Back to Kelly-Brown • The Color Black Is Aesthetically Functional for Floral Boxes • Louboutin’s Red Soled Shoes Keep Marching On • Multiple Fashion Retailers Can Enjoy Use...more
In a unanimous decision issued in Already, LLC d/b/a/ Yums v. Nike (No. 11-982, January 9, 2013), the Supreme Court held that a plaintiff’s dismissal of a trademark infringement case, combined with a broad covenant not to...more
Nike, having sued competitor Already LLC for infringing its marks, later issued a covenant not to sue to Already and sought to dismiss the case. Defendant Already, however, had filed a counterclaim seeking a declaration that...more