Trademark Litigation

News & Analysis as of

Henley Is Not Taking It Easy

According to music icon Don Henley, intellectual property rights are not a joking matter....more

Increased Use of Summary Disposition in the Federal Court: An Efficient and Cost-Effective Tool to Resolve Trademark Cases

For many years, summary disposition was essentially unavailable in intellectual property cases in the Federal Court of Canada, unless a claim or defence was plainly devoid of merit. For some parties, this presented a...more

Aviator Brewing Company Asks Court to Declare: MAD BEACH Beer Label Does Not Infringe California Brewery’s Beer Label

On November 17, 2014, craft brewer Aviator Brewing Company filed an action in the United States District Court for the Eastern District of North Carolina, seeking a declaration from the Court that its MAD BEACH beer label...more

Bo Knows, How To Beat a Trademark Bully

This Bo might not have won the Heisman Trophy, he might not have played in the NFL or MLB, he might not have enjoyed a lucrative Nike endorsement deal, and he might not have been named ESPN’s greatest athlete of all time, but...more

Procedural Missteps Cause Fifth Circuit to Affirm Judgment, Fee Award

M2 Tech., Inc. v. M2 Software, Inc. - In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit held that a federal district court did not abuse its discretion in issuing a default judgment and fee...more

Court Denies Duplicative Deposition (New Jersey)

Koninklijke Philips Elecs. N.V. v. Hunt Control Sys., Inc., 2014 WL 5798109 (D. N.J. Nov. 7, 2014). In this trademark case, the parties engaged in discovery disputes over the plaintiff’s “ability to search and produce...more

The Great Bottle Battle – Coke vs Pepsi

On 28 November 2014, the Federal Court of Australia (Court) dismissed claims of trade mark infringement, misleading or deceptive conduct and passing off made by The Coca-Cola Company (Coke) against PepsiCo Inc, PepsiCo...more

Intellectual Property Alert: Supreme Court Hears Oral Arguments in B&B Hardware, Inc. v. Hargis Industries, Inc.

On December 2, 2014, the Supreme Court of the United States heard oral arguments in B&B Hardware, Inc. v. Hargis Industries, Inc., the first trademark case to reach the Court in nearly ten years. William F. Jay, of...more

Channeling Justice Ginsburg of U.S. Supreme Court on the Right to Register a Trademark

We sounded the alarm exactly six months ago about a trademark case of great importance to brand owners: B&B Hardware v. Hargis Industries. Earlier this week, the U.S. Supreme Court heard oral argument in the case, and here is...more

Remember Bonds on Preliminary Injunctions

Intellectual property litigation, particularly litigation involving trade secrets and Lanham Act claims for trademark and false designation of origin, often if not usually involves seeking a preliminary injunction. As a...more

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

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