Trademark Litigation

News & Analysis as of

T-12 Entertainment Speaks Up in Trademark Complaint Over Use of "I Plead the 5th" Mark

On March 24, 2014, T-12 Entertainment, LLC and Kareem Hawthorne, both of Georgia (collectively, “Plaintiffs”), filed a complaint against Young Kings Enterprises, Inc., Ego Entertainment, LLC., Troy Williams, Anthony Adighibe,...more

Owner of GLASS DOCTOR® Mark Aims to Break iGlass Doctor with Trademark Infringement Complaint

On March 20, 2014 Synergistic International, LLC. (“Synergistic”), of Waco, Texas filed a complaint against Kyle D. Berry of Atlanta, Georgia, individually and doing business as "iGlass Doctor," alleging Trademark...more

Supreme Court Inks Uniform Standing Test for Lanham Act False Advertising Claims

Key Takeaways - - The US Supreme Court created a uniform test for standing for false advertising claims under Section 43(a) of the Lanham Act, resolving a three-way circuit split. - The new standing test...more

Twilight Trademark Trial Now on Horizon

Another father-daughter trip to Bath & Body Works (BBW) this past weekend revealed that his and her Twilight Woods personal body care products are still available for sale...more

Laches in Trademark Infringement: How Long Can You Sleep on Rights?

Trademark infringement litigation typically centers around requests for injunctive relief. Although monetary relief is regularly sought, damages are awarded in only a small percentage of cases. Because the courts’ equitable...more

Wish Atlanta Files Complaint To Make ContextLogic Wish For A Different Trademark

Wish Atlanta, LLC, (“Wish Atlanta”) asserts trademark infringement of U.S. Trademark Registration Nos. 3783165 (IC025 and IC035) and 4242361 (IC035) (the “Wish Mark”) against ContextLogic, Inc. (“CLI”) in its complaint filed...more

UPDATE: Trademark Dispute Over TO KILL A MOCKINGBIRD Continues to Fly

The lawsuit that we told you about regarding a dispute over the trademark rights to the use of TO KILL A MOCKINGBIRD continues. See link below. The defendant Monroe County Heritage Museum brought a motion to dismiss. The...more

"CANDY" Crushed

From taxi cabs, to subways, to airplanes, to your dinner table, it was virtually impossible to avoid “Candy Crush Saga” in 2013. With over a half billion downloads on Facebook and mobile devices, Candy Crush was the year’s...more

How the Madrid Protocol, Singapore Treaty and Nice Agreement Will Affect Trademark Owners

On January 27, 2014, a number of international intellectual property related treaties were tabled by the Canadian government. This is the first procedural step towards ratification and implementation. Once implemented, these...more

Rolex Says "Time is Up" for alleged Craigslist Counterfeiter

On February 5, 2014, Rolex Watch U.S.A.,Inc. (“Rolex”) of New York, New York, filed a complaint against Nicholas Peter Karettis (“the defendant”) of Tyrone, Georgia, alleging Trademark Counterfeiting and Infringement under 15...more

Victoria’s Secret Defends Dream Angels?

How important is the DREAM ANGELS brand to Victoria’s Secret? Victoria’s Secret has a robust portfolio of federally-registered trademarks to protect the DREAM ANGELS sub-brand for undergarments and a line of personal...more

Trader Joe’s vs. Pirate Joe’s Update

The very popular US grocery retailer Trader Joe’s has a following among Canadian consumers. Capitalizing on this popularity north of the border, a Vancouver entrepreneur has made it his business to buy genuine Trader...more

Skippy v. Skippy: The Great Peanut Butter Trademark Wars

According to the National Peanut Board, March is not only National Peanut Month, but it contains National Peanut Butter Lover’s Day and National Peanut Cluster Day. That makes March a good time to remember one of the longest...more

Business Litigation Report -- February 2014

In This Issue - Firm News: ..Kathleen Sullivan Featured in December 2013 The American Lawyer Cover Story ..Quinn Emanuel Named to BTI’s 2014 “Client Service A-Team” Honor Roll Main Article: ..Overview...more

“Promptness” of a Clawback Request for Inadvertent Disclosure Must Be Reasonable (Washington)

RIPL Corp. v. Google Inc., 2013 WL 6632040 (W.D. Wash. Dec. 17, 2013). In this trademark infringement case, the defendant and plaintiff entered into a stipulated protective order which included a clawback provision...more

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

“Facebook Said I Could” Defense Fails to Justify Digital Millennium “Trademark” Notice

CrossFit, Inc., the fitness training company, licenses its trademarked name and goodwill to over eight thousand affiliates worldwide at $3,000 per year per affiliate. When non-affiliate Jenni Alvies began posting on Facebook...more

February 2014: Trademark Litigation Update

Trademark Laches: An Effective Exit in the Right Circumstances. Delay-based defenses in trademark cases are rarely an effective way for a defendant to exit a case before discovery. Statute of limitations defenses almost never...more

Family of Jack Gibson, founder of the National Association of Radio Announcers for Black Radio DJs, enforces famous mark “Jack the...

Judge Thrash issued a ruling granting in part and denying in part the motion for summary judgment of plaintiffs (Jill Gibson Bell, et. al., hereinafter “Gibson Family”) against Billy Darren Foster (“Foster”) for trade mark...more

Angels in the Outfield and in the Bloodmobile

Most people likely know that the Los Angeles Angels are a baseball team. But did you know they are also a blood bank? Me neither! But according to a filing with the U.S. Patent and Trademark Office (USPTO), it appears that...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2014

Plaintiff Experience Hendrix, L.L.C., formed by Jimi Hendrix’s sole heir, owns trademarks that it uses to sell and license products related to Jimi Hendrix. Experience Hendrix sued defendants Andrew Pitsicalis and his...more

No Non-Organic Mushrooms Welcome Here! - Hokto Kinoko Co. and Hokuto Co., Ltd. v. Concord Farms, Inc.

Addressing the issue of whether an importer of non-organic mushrooms from a Japanese producer infringed a trademark owned by the U.S. subsidiary of the Japanese producer, the U.S. Court of Appeals for the Ninth Circuit upheld...more

Trademark Review - Intelligent Quartz, Lakota, and Clorotek (January 2014)

The District Court Finds the TTAB Erred in Refusing to Register INTELLIGENT QUARTZ for Watches - The USPTO refused an application by Timex to register the mark INTELLIGENT QUARTZ for watches on the basis that the mark...more

10 Things to Ask Before Hiring a Trademark Lawyer: Part 2

Hiring a trusted trademark lawyer to guide your brand protection can be daunting. The wrong choice can be costly. In Part 1, we explored the first five things to consider. In Part 2 we explore Nos. 5-10 to consider when...more

Supreme Court Loads Up IP Docket

Over the past two months, the U.S. Supreme Court has agreed to hear five cases that will have a significant impact on intellectual property law. Three of the cases involve issues of patent law, one involves copyright, and...more

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