Trademark Bullying

The INTA “Trademark Bullying” Straitjacket

by Steve Baird | Winthrop & Weinstine, P.A. on 5/13/2013

This past week I’ve been pondering a question of great importance: When might a straitjacket double as a life vest? The answer actually arrived last Monday during INTA’s “The Ethics of Trademark Bullying” panel discussion at...more

Prince, the DMCA, and Copyright Bullying

by Tim Sitzmann | Winthrop & Weinstine, P.A. on 4/10/2013

Minneapolis’ own hometown hero Prince Rogers Nelson, formerly and currently known simply as “Prince,” has been in the news quite often in 2013. It began with his surprise, limited ticket performances in January, which he...more

Minnesota to Own “Trademark Bullies”

by Steve Baird | Winthrop & Weinstine, P.A. on 3/18/2013

Minnesota is positioned once again to take legislative ownership of the ”trademark bullying” debate. Putting aside the serious questions of whether new laws are needed and whether a state as opposed to a federal solution can...more

Monster Cable Ordered to Pay Monster Daddy Attorneys Fees in Meritless Appeal

by Steve Baird | Winthrop & Weinstine, P.A. on 2/20/2013

Techdirt has written extensively about why Monster Cable is considered ”somewhat famous as a trademark bully.” Numerous comments to a TTABlog post reinforce this view....more

NFL Thwarts Ownership of Harbowl TM

by Steve Baird | Winthrop & Weinstine, P.A. on 1/28/2013

As many have written about before me, the NFL is quite protective of its rights in the SUPER BOWL trademark, so much so that some think it has earned the pejorative ”trademark bully” label, so I spilled a little digital ink...more

If You Don’t Want Your Registration Cancelled, Grant Your Opponent a Covenant Not to Sue

by Janet F. Satterthwaite | Venable LLP on 1/16/2013

The United States Supreme Court, which rarely gets involved in trademark cases, has ruled that when a Defendant in a Trademark infringement case countersues to cancel the Plaintiff’s registration, the Plaintiff can divest a...more

Supreme Court Holds Covenant Not to Sue Moots Counterclaim for Invalidity

by Andrew Baum | Foley & Lardner LLP on 1/10/2013

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’s Successful Retreat Strategy: Trademark Defendant’s Invalidity Counterclaim Is Moot Following Plaintiff’s Covenant Not to...

by Michael P. Boudett | Foley Hoag LLP - Trademark, Copyright &... on 1/10/2013

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

Supreme Court Upholds Nike’s Promise to “Break the Wrist, and Walk Away”

by Steve Baird | Winthrop & Weinstine, P.A. on 1/10/2013

Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants...more

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