News & Analysis as of

Trademark Litigation

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

Does the First Sale Doctrine Protect the Reselling of Genuine Goods that Include Non-Genuine Replacement Parts with the Original...

Rolex Watch USA., INC. v. Krishan Agarwal, 2012 WL 12886444 (C.D. Cal. 2012) - TAKEAWAY - The First Sale Doctrine in Trademark Law will provide only limited protection to resellers of luxury products who have...more

Dreaming Big: Broad Trademark Protection Requires an Actual Bona Fide Intent to Use

by Baker Donelson on

Trademark owners applying for “intent to use” applications risk loss of trademark rights if the identification of goods services in the intent to use application is broader than the actual intended use of the mark. Brand...more

To The Relief of Sergeants Everywhere, Forever 21 Challenges Adidas’ Three Stripe Marks

On March 3, Forever 21, Inc. sued Adidas American, Inc. in the Central District of California (2:17-cv-01752), asking for a declaration that its clothing decorated with stripes does not infringe Adidas’ trademarks, and...more

Alibaba Says “Close Sesame”: C.D. Cal. Finds No Liability When “Online” Mall Provides a Search Engine Allowing Consumers to Search...

TAKEAWAY - Courts continue to show reluctance to permit trademark claims to hamper the sale of products via the Internet absent concrete evidence of actual confusion, especially if the website offers trademark owners an...more

"Swiss" certification mark opposition - Hong Kong court finds actual use likely to confuse

by Hogan Lovells on

Hogan Lovells represented Federation of the Swiss Watch Industry FH (“Federation”) in a successful appeal against a decision of the Hong Kong Registrar of Trade Marks in an opposition involving the “Swiss” certification mark....more

Is Discovery That Section 8 Affidavits Were Not Filed By The Owner Of The Registration Grounds For Cancellation? N.D.Cal Rules...

CASE SUMMARY - Every trademark lawyer knows that between the fifth and sixth year after registration the trademark owner must file an affidavit of use. If the mark has been in continuous use, the owner may also file an...more

Dickinson Wright Successfully Defends SLITHER.IO Creator From Trademark Challenge

by Dickinson Wright on

The Dickinson Wright team of Craig Phillips, Edward Perdue, and Steven Lustig successfully defended client, Lowtech Studios – creator of the highly popular mobile phone game app slither.io, from a trademark challenge by...more

Webster Hall Brand Name Dispute, and the Importance of a Trademark Lawyer

by Klein Moynihan Turco LLP on

On March 7, 2017, Webster Hall Entertainment Corp. (“Webster Hall Entertainment”), owner of the well-known Webster Hall nightclub and concert venue in New York City, sued its landlord of 25 years in connection with the...more

Federal Circuit Reverses Refusal of DOTBLOG Mark

The Federal Circuit recently reversed the TTAB’s refusal to register the mark DOTBLOG, which the TTAB had found to be descriptive for Internet blog search services. On the trademark distinctiveness spectrum, a mark is...more

Lack of Bona Fide Intent to Use and Its Consequences According to the 6th Circuit

by Dorsey & Whitney LLP on

The Sixth Circuit Court of Appeals recently issued an important decision about the bona fide intent requirement when filing an intent to use (“ITU”) application and the consequences when there is a lack of bona fide intent as...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

France: No requirement for a domain name to be distinctive in unfair competition claims

by Hogan Lovells on

In a decision of 6 December 2016, the French Supreme Court of the Judiciary (“Cour de Cassation”) provided a very useful clarification in relation to unfair competition claim (“concurrence déloyale”, a tortious action) based...more

VCC vs. VCC: Where’s the Confusion?

by Field Law on

When we’re talking about trademarks, at which point do we measure whether there is confusion in the mind of the consumer? We reviewed this issue in 2015. In that earlier decision, Vancouver Community College sued a rival...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

New York Fashion Week: A Lineup of The Most Fashionable Trademark and Copyright Claims

It’s that time of the year again when New York City becomes the most fashionable place on the planet. While I would argue that Manhattan is always fashionable, New York Fashion Week adds a bit of extra excitement, glamour and...more

Germany: Unlicensed Hard Rock Cafe in Heidelberg Germany ceases operation

by Hogan Lovells on

After years of litigation Hogan Lovells achieved a ground-breaking settlement for the Hard Rock Group. A restaurant with the same name which operated without a license in Heidelberg will cease to operate at the end of...more

MarkIt to Market® | January 2017

The January 2017 issue of Sterne Kessler's MarkIt to Market® includes an overview of the TTAB's recent surname decisions, the changes made by the USPTO to their trademark processing and services fees, and lists the new gTLD...more

2017 Intellectual Property Law Year In Review

by McDermott Will & Emery on

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

McNees 2016 In Review – Trademarks, Copyrights and Patents

The year 2016 saw interesting and diverse developments in trademark, copyright, trade secret, and patent law. Not only has intellectual property news been in the headlines, but these areas have made it to the Supreme Court....more

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