News & Analysis as of

Trademark Litigation

Distillations: Redemption Song, or, Number One with a Bulleit

by Fish & Richardson on

A trademark can be more than just a word, of course. The Lanham Act’s definition of a trademark “includes any word, name, symbol, or device, or any combination thereof.” Here on the Distillations beat we know that includes...more

Matal v. Tam : The Supreme Courts Sacks the Ban on Disparaging Trademarks

by Fish & Richardson on

The decision in Matal v. Tam is a resounding reaffirmation of the First Amendment freedom of speech in a commercial context. The Supreme Court has spoken loud and clear that Section 2(a) of the Lanham Act (the...more

How Much Fame Is Enough?

by Dorsey & Whitney LLP on

In its recent decision in Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, the Court of Appeals for the Federal Circuit clarified the proper interpretation of the fame of the mark factor in determining whether there...more

Distillations: The Blair Wine Project

by Fish & Richardson on

We have previously blogged about the drawbacks that can come from using one’s surname as a trademark, and now a recently filed suit in federal court provides a fresh case study in how things can go wrong when two families,...more

Color Run Sues Competitive Race for Trademark Infringement

by Reed Smith on

Running-event company The Color Run, LLC filed suit last week against rival company My School Color Run, LLC for willful trademark infringement, unfair competition, and false designation of origin. Color Run asserts that My...more

Eagles Ltd. v. Hotel California Baja, LLC: Any Time Of Year, You Can Find Infringement Here

by Weintraub Tobin on

Recently, Eagles Ltd. (the “Eagles”), the entity in control of legendary rock band The Eagles’ business affairs, filed a lawsuit against Hotel California Baja, LLC for trademark infringement. While I’m sure most of us are...more

Franchisors, Got Claims? Don't Let Them Spoil Like Bad Cheese

by Lewitt Hackman on

This is the tale of two restaurants, each facing trademark infringement claims under the Lanham Act brought by two, separate franchisors. The franchisees’ restaurants had three things in common: First, cheese is a key...more

Distillations: Two Ships Passing Not So Quietly in the Night

by Fish & Richardson on

On May 15th, Shipyard Brewing filed a trademark infringement suit against Logboat Brewing Company in federal court in Missouri, claiming that Logboat’s use and registration of SHIPHEAD GINGER WHEAT (disclaiming “ginger...more

Distillations: Respect Thy Neighbor (on the Shelf)

by Fish & Richardson on

Although it has refused to acknowledge a default rule, the Trademark Trial and Appeal Board (TTAB) continues its recent trend of concluding that beer, wine, liquor, and other alcohol-based consumables are related for purposes...more

Now let's be honest - clarification of Australian trade mark law on ownership and reputation

by DLA Piper on

In a unanimous decision of the Full Federal Court of Australia this week, Insight Clinical Imaging Pty Ltd, has for the third time, successfully opposed the registration of a competitor's trademark application....more

Popcorn Makers Fight Over Use of “Skinny”

by Reed Smith on

Last month, snack food company Snyder’s-Lance filed a declaratory judgment action in North Carolina against Amplify Snack Brands and its SkinnyPop popcorn. Hours later, Amplify brought suit against Snyders-Lance in Texas,...more

Cava v. Champagne: A Trademark Lawyer’s Guide

Those of you attending the annual International Trademark Association conference in Barcelona may be drinking a glass of Cava right now and wondering: what makes sparkling wine different from regular wine, and what is the...more

Living it Up At the HOTEL CALIFORNIA

by BakerHostetler on

Legendary rock band Eagles, Ltd. (The Eagles), filed suit on May 1 against the owners of the Hotel California Baja LLC in the U.S. District Court for the Central District of California. The suit alleges trademark infringement...more

Court Finds Infringement of THE KRUSTY KRAB Mark

by BakerHostetler on

In Viacom International Inc. v. IJR Capital Investments, LLC, 2017 WL 1037294 (S.D. Tex. Mar. 17, 2017), Viacom successfully asserted common-law rights in the trademark THE KRUSTY KRAB for a fictional restaurant, which...more

Inadequate Disclosures Preclude Monetary Damages Recovery in Trademark Infringement Suit

by Orrick - NorCal IP Group on

Order Granting in Part and Denying in Part Defendant’s Motion for Summary Judgment, Sazerac Co., Inc., et al. v. Fetzer Vineyards, Inc., Case No. 3:15-cv-04618-WHO (Judge William H. Orrick) - As any practitioner who has...more

Crabby Outcome for Seafood Restaurant in Trademark Lawsuit Against Steakhouse

by Reed Smith on

Phelan Holding, Inc. did not have its day in the sun when the Eleventh Circuit granted RARE Hospital Management, Inc.’s motion for summary judgment. Phelan and RARE are owners of casual dining restaurants, and the court found...more

10 Trademark Cases About Yo Mama

Anna Jarvis led the efforts to establish the first official celebration of Mother’s Day in 1908, during which she honored her own mother, Ann Maria Reeves Jarvis, a Civil War-era social activist. But about a dozen years after...more

Is This “The End” for Unicorn Beverages? Starbucks Sued Over Unicorn Frappuccino

by Fish & Richardson on

On May 3, 2017, a New York-based coffee and beverage shop by the name of The End Brooklyn filed suit in the Eastern District of New York against Starbucks Corporation asserting that the recent phenom UNICORN FRAPPUCCINO...more

The Eagles Say Suite Dreams To Hotel California In Trademark Infringement Suit

by Fox Rothschild LLP on

The iconic American rock band The Eagles released its platinum album “Hotel California” in December of 1976. It sold more than 32 million copies worldwide and its title track “Hotel California” achieved legendary status....more

Trademark Ownership: A Rebuttable Presumption In Favor of Manufacturers

by Cole Schotz on

All too often parties lack the foresight to contractually address potential intellectual property issues. When those issues bubble over into full-fledged disputes, it often falls to the courts to fill the void in contractual...more

Policing the Trademark Playground and Calling Out Bullies

The prevailing defendant in Louis Vuitton v. My Other Bag, LLC (previously blogged about in Louis Vuitton Left Holding the Bag), in a Motion filed on April 7 in the Southern District of New York (Case 1:14-cv-03419-JMF...more

When Will Expert Evidence Be Excluded?

by Bennett Jones LLP on

Experts play an important role in IP litigation, but the court will carefully consider whether the proposed expert evidence is necessary to assist the trial judge and has demonstrated an increasing willingness to determine,...more

Distillations: ALERT: Skull Crushing Victory

by Fish & Richardson on

A unanimous eight-person jury found that Dan Aykroyd’s Crystal Head Vodka skull-shaped bottle has been intentionally infringed by Elements Spirits Inc.’s Day of the Dead-inspired skull shaped tequila bottles. Undoubtedly...more

TEQUILA Can Be Registered As a Certification Mark

On January 23, 2017, the TTAB dismissed Luxco, Inc.’s opposition to the registration of TEQUILA as a certification mark. Trademark applicant Consejo Regulador del Tequila, A.C. is a Mexican industry group and is the only...more

Three Stripes and You’re Out: adidas Seeks to Protect its Mark

by Butler Snow LLP on

On March 17, 2017, athletic apparel giant, adidas, filed suit against Juicy Couture, Inc. asserting trademark infringement and unfair competition claims. The case is styled adidas America Inc. et al. v. Juicy Couture Inc.,...more

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