News & Analysis as of

Trademark Litigation

The Detroit Red Wings’ Trademark Case Against Right Wing “Identitarians”

by Revision Legal on

It is difficult not to talk about the absolute tragedy, disaster, or other-worldliness of the events in Charlottesville, VA. Plenty of smart people have weighed in on its implications and our President’s response. I won’t add...more

AT&T's GO PHONE Trademark Registration Saved by Roaming Services Offered in Canada

by Bennett Jones LLP on

A recent decision involving an AT&T trademark demonstrates how the global reach of technology businesses can sometimes result in a blurring of markets and make documentation of trademark use in Canada difficult to retrieve...more

Trademark Infringement and Unfair Competition Action

by Dickinson Wright on

On behalf of the nationally well-known professional boxing promoter, New Jersey Sports Productions, d/b/a Main Events, Samuel Littlepage (Member, Washington, D.C.) and Melissa Alcantara (Member, Washington, D.C.) have filed a...more

Much Ado About Shoe Designs – Favorable Rulings for Adidas on Summary Judgment in Skechers Trademark Dispute

by Dorsey & Whitney LLP on

On August 3, 2017, the shoe manufacturer Adidas scored important legal victories in its long-running trademark dispute with the shoemaker Skechers. Adidas America, Inc. et al. v. Skechers USA, Inc. (D. Or. 2017) involved...more

Ninth Circuit Holds That “Reverse Confusion” Need Not Be Pled With Specificity

by Weintraub Tobin on

A plaintiff seeking to prevail on a trademark infringement claim needs to establish that there is some likelihood of confusion between its mark and that of the defendant. Generally, a plaintiff establishes that there is...more

Paws Off: Remaining Members of a Group Own Their Mark

by McDermott Will & Emery on

Addressing a dispute over ownership of a service mark between a departing member of a group and the remaining group members, the US Court of Appeals for the Federal Circuit upheld the Trademark Trial and Appeal Board’s...more

Fictional, but Protectable: Court Finds Planned Real-World “The Krusty Krab” Restaurant Would Violate Viacom’s Trademark Rights

by Orrick - IP Landscape on

Summary Judgment Order, Viacom International Inc. v. IJR Capital Investments, LLC, S.D. Tex. (January 11, 2017) (Judge Gray Miller) - The Emmy nominations have been announced, and the fall television season is just weeks...more

Ninth Circuit Provides Roadmap for Reverse Confusion Claims

On July 7, 2017, the Ninth Circuit issued a decision clarifying issues related to pleading and proving reverse trademark confusion claims. Marketquest Group, Inc. sued BIC over use of the phrase “The WRITE Pen Choice for...more

Food & Beverage Litigation Update | July 2017 #2

GE Salmon Bill Introduced in U.S. Senate - A bipartisan group of U.S. senators has introduced a bill that would require labeling of genetically engineered (GE) salmon and independent scientific review of the U.S. Food and...more

Third Circuit Rules “McCarthy Test” Determines Ownership of Unregistered Trademarks

The Third Circuit has held that where a manufacturer and its exclusive distributor have no written contract designating which party owns an unregistered trademark, the “McCarthy test,” rather than the “first use test,” should...more

Do You Even Trademark, Bro?

Two Bros are competing over their Bro meal delivery services. Jamie Giovinazzo is the owner of Eat Clean Bro, LLC, a meal delivery service providing “a convenient service that is designed to bring chef-prepared meals right...more

Ninth Circuit Confirms Willfulness is Required to Award Profits in Trademark Cases

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit reaffirmed its commitment to the rule that willfulness is a prerequisite for disgorgement of a trademark infringer’s profits in Stone Creek v. Omnia Italian Design, Case No....more

America’s First Ice Cream Trademark Infringement Case … Was “FRENCH”

This weekend marks Bastille Day in France and also National Ice Cream Day in the United States, so it’s the perfect time to recount the very first ice cream-related trademark lawsuit in the U.S. (or at least the earliest one...more

The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a “reverse confusion” theory in Marketquest Group v. BIC, Case No. 15-55755 (9th...more

Fame of a Mark Must Be Considered Along a Spectrum

by McDermott Will & Emery on

Addressing the standard for fame of a trademark, the US Court of Appeals for the Federal Circuit vacated and remanded a Trademark Trial and Appeal Board (TTAB) decision, finding that the TTAB used an incorrect standard in its...more

Master of Your Domain – ACPA Damages Sought by Greg LeMond

by Dorsey & Whitney LLP on

You might want to think twice before registering a domain name containing a competitor’s personal name or trademark. Three-time Tour de France winner Greg LeMond put his “pedal to the metal” recently, suing two Minnesota...more

Is Someone Illegally Using Your Trademark? The 8 Factor Trademark Infringement Test

by Revision Legal on

A court will apply the “likelihood of confusion” test in a trademark infringement suit. This is actually an umbrella term for several tests employed by the various federal circuits. However, most courts use a group of similar...more

It Started With A Mouse: TTAB Reverses Refusal Of Application By Me And The Mouse Travel

by Ladas & Parry LLP on

In a non-precedential decision in In re Me and the Mouse Travel LLC, Serial 76717725 (April 21 2017), the Trademark Trial and Appeal Board (TTAB) held that a mark combining the word ‘Mouse’ with the depiction of a narrow arm...more

Intellectual Property and Technology News (Asia Pacific) June 2017

by DLA Piper on

Welcome to the latest Asia Pacific Edition of the Intellectual Property and Technology News, our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering...more

Battle of the Bands and the Clothiers

The famous Coachella Music Festival is held every April in Indio, California. This year Beyoncé, Radiohead, Lorde and several DJs (including DJ Snyder, DJ Kahleel, DJ Shadow) performed....more

Bob Marley’s Estate Wins $2.4 Million in Trademark Lawsuit

by Reed Smith on

A federal district court ruled last week that Fifty-Six Hope Road Music Ltd. and Hope Road Merchandising, LLC, companies controlled by family members of late musician Bob Marley (collectively the “Marley Companies”), will...more

Food & Beverage Litigation Update | June 2017 #4

NAD Says Aldi Should Change Savings Claims Ads - The National Advertising Division (NAD) has recommended that Aldi, Inc. discontinue advertising based on a “market basket” comparison that claims consumers could save more...more

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

409 Results
|
View per page
Page: of 17
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.