Trademark Litigation

News & Analysis as of

Trademark Cases Pending Before the U.S. Supreme Court

In December, the Supreme Court of the United States will hear oral arguments on two trademark cases: B&B Hardware, Inc. v. Hargis Industries, Inc. and Hana Financial v. Hana Bank. These cases address the issues of whether a...more

Octane Fitness Changes the Landscape for Trademark Cases Too

Fair Wind Sailing, Inc. v. Dempster - Addressing for the first time the application of the Supreme Court decision in Octane Fitness to trademark cases, the U.S. Court of Appeals for the Third Circuit held that a...more

3D trademark and design: the Tripp Trapp case

When looking for a registered protection for 3D shapes of goods or their packaging, companies may consider both trademark and design registration. Industrial design protection is usually time-limited, whilst trademark...more

Trademark Misperceptions Revealed By Reaction to Redskins Decision

I can’t define disparagement, but I know it when I see it… On Wednesday, June 18, 2014 the Trademark Trial and Appeal Board, the judicial body that provides review to all Federal trademark filings and disputes relating...more

Blog: The Trend Of Protecting Trademark Licensees In Bankruptcy Continues: For The First Time A Court Extends Section 365(n)...

The latest example comes in the Crumbs Bake Shop, Inc. Chapter 11 bankruptcy case in New Jersey. On October 31, 2014, Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey rejected a motion by...more

No Ifs, Ands or Butt Pockets: Do “U” See Trademark Infringement?

Guru Denim, Inc. dba True Religion Brand Jeans recently sued Burlington Coat Factory Warehouse Corporation for selling jeans that allegedly infringed on True Religion’s “U-shaped” pocket design. Interestingly, this is not...more

Holy Non-Infringement, Batman!

Fortres Grand Corporation v. Warner Bros. Entertainment Inc. - The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more

Ninth Circuit Finds Permanent Injunction Questionable Despite Trademark Infringement

La Quinta Worldwide LLC v. Q.R.T.M., S.A. De C.V., dba Quinta Real - While affirming trademark infringement with respect to a Mexican hotel chain’s use of its trademark in the United States, the U.S. Court of Appeals...more

The Haunted History of the Hallowine Trademark

Brewers, distillers, and vintners are no strangers to themed seasonal offerings, so it’s not surprising that Halloween brings out some decidedly decrepit monikers. From PUMPKINHEAD (think reaping) to NOSFERATU, WITCH’S WIT...more

Reeejected!

Think an undefended opposition proceeding is a slam dunk, then you better think again. In Emminence, LLC v. Lisa Kelly, Opposition No. 91205286 (October 8, 2014), the Trademark Trial and Appeal Board dismissed an opposition...more

Dawn of the Dead Trademarks

When you think of Cinderella, do you automatically picture the beloved Disney princess with the golden locks and light blue dress, accompanied by a loyal band of talking cartoon mice? If so, you might agree with the Trademark...more

Legal FAQ: Section 337 Investigations Before the International Trade Commission

What types of intellectual property claims can be brought before the International Trade Commission? - The U.S. International Trade Commission (“ITC”) investigates claims of unfair competition under Section 337 of the...more

Amy, Whatcha Wanna Do (About this TM)?

As we start to think about welcoming in the weekend, why don’t we all hum this Pure Prairie League tune, while viewing this image and reading this very brief blog post...more

The PTO vs. The Phantom Marks: A Ghost Story

Don’t read this one before bed. As autumn sets in and Halloween approaches, my mind turns to jack-o-lanterns, skeletons, and phantoms. Phantom marks, that is. Equally incorporeal though perhaps somewhat less...more

Appearances Aside, “Something More” Still Needed for Trademark Infringement Liability in Keyword Advertising Cases

Search engine optimization is a vital issue for brand owners. When a potential customer searches online for Company A, a well-known brand, Company A naturally wants its own website to be as high in the search results as...more

Green light for the registration as a trademark of a retail store layout

In a recent and notable ruling, the Court of Justice of the European Union (CJEU) held that the representation of the layout of a retail store can be registered as a trademark provided that certain conditions are met. More...more

Parties’ Joint Stipulation Frustrates Defendants and Allows Plaintiffs to Not Produce Native Files (California)

Melian Labs, Inc. v. Triology LLC, No. 13-cv-04791-SBA, 2014 U.S. Dist. LEXIS 124343 (N.D. Cal. Sept. 4, 2014). In this trademark dispute, the plaintiff sought a declaratory judgment that its website did not infringe...more

Don't Lose Your Trademark Through Careless Licensing

Trademark practitioners are well familiar with the requirement under U.S. law that trademark licenses must contain quality control provisions, and trademark licensors must actually exercise quality control in fact, to ensure...more

You Can McDo It, But You Might Get McSued

Shares in McDonald’s jumped surprisingly high earlier this week, causing some to wonder whether any notable investors might be involved, possibly with inside information. Or maybe it was somebody hoping to get an inside track...more

Lawyers Fighting Over Domain Names Never Looks Good

Law360 reported that two competing DUI defense lawyers are fighting over the domain name www.dontblow.com. Well-known DUI attorney Tyler Flood is the plaintiff. He has been using the domain name www.DoNotBlow.com for almost...more

EPIC Battle Launched Between Flooring Companies Over Trademark Infringement

On August 21, 2014, Shaw Industries Group, Inc. (“Shaw”), a Georgia corporation, and Columbia Insurance Company (“Columbia”), a Nebraska corporation, brought a trademark infringement action against Carlisle Wide Plank Floors...more

Seasoning Maker Swamp Dust LLC Files Trademark Complaint Against Competitor Cajun Wholesale

On September 2, 2014, LaGrange, Georgia-based company Swamp Dust, LLC filed a complaint against Louisiana-based Cajun Wholesale Distributing, Inc. and its director Ritchie Allen Romero (collectively, the “Defendants”)...more

Amici Weigh in With SCOTUS on Likelihood of Confusion Determinations by the Trademark Trial and Appeal Board

As we reported in our July 2 client alert, the Supreme Court has granted a petition for certiorari seeking a determination of whether likelihood of confusion findings by the Trademark Trial and Appeal Board ("TTAB") are...more

Insurance Recovery Law - September 2014

Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”: Why it matters - A federal district court in Texas strictly construed a pollution exclusion in...more

Amici Weigh in on “Right to Register v. Right to Use” Trademark Case at Supreme Court

More than three months ago, we sounded the alarm about an important trademark case to consider the interplay between the right to register and the right to use a trademark:...more

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