News & Analysis as of

Trademark Litigation

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

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

378 Results
|
View per page
Page: of 16
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!