News & Analysis as of

Trademarks › Advertising › Trademark Litigation

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Erise IP

What’s Trending in Trademarks, June 2024: Toms Shoes Says Unauthorized Seller is Hurting Its Brand, Supreme Court Passes on...

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Toms...more

Dorsey & Whitney LLP

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

Dorsey & Whitney LLP on

40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

Katten Muchin Rosenman LLP

Street Artists Allege Nonconsensual Use of Their Works by Two Major Fashion Retailers - Kattison Avenue/Katten Kattwalk | Issue 3

Katten Muchin Rosenman LLP on

We continue to monitor lawsuits that lie at the intersection of street art, fashion and advertising. Previous issues of Kattison Avenue and Katten Kattwalk have covered the risks that generally come with using street art on...more

Linda Liu & Partners

Trademark Infringement Judgment Standard | DUELER Tire Trademark Infringement Dispute

Linda Liu & Partners on

The exclusive right to use the trademark "DUELER" enjoyed by Bridgestone Corporation shall be protected by law. According to the product brochure of Bridgestone Corporation, the trademark is used on its off-road vehicle...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Thank you for reading the October 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the Federal Circuit’s recent case considering the scope of the USPTO’s authority to cancel registrations...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2023: How to Lose a Mark in 3 Ways – Part 1

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

There are plenty of fish in the sea when it comes to trademarks: from word marks to service marks; from symbols to surnames; from product packaging to product design. When the time is right, and you feel like you have found...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

BakerHostetler

AD-ttorneys@law - July 2022

BakerHostetler on

TINA Investigation Sours on HelloFresh - America’s #1 food-box provider is deploying dark patterns, says watchdog - See-Through? When it comes to ingredients and suppliers, HelloFresh is all about disclosure....more

Whitcomb Selinsky, PC

Wine Labels Battle Over Wine Descriptions

Whitcomb Selinsky, PC on

On April 1, 2020, Napa Valley’s JaM Cellars (JaM) filed a complaint against The Wine Group (Group), the producer of the well-known boxed wine Franzia, in the U.S. District Court for the Northern District of California....more

Hogan Lovells

Markenrechts-verletzung in der Werbung schließt Schadensersatz auf Basis einer Umsatzlizenz nicht aus

Hogan Lovells on

Wird ein Zeichen allein in der Werbung markenrechtsverletzend genutzt, kann der Schadensersatzanspruch dennoch im Rahmen der Lizenzanalogie auf Basis einer Umsatzlizenz berechnet werden. Lizenzmindernd könne aber die...more

Saiber LLC

Social Media Influencers Beware!

Saiber LLC on

In Petunia Products, Inc. v. Rodan & Fields, LLC and Molly Sims, the United States District Court for the Central District of California held that a social media influencer - a person “presumed to have the power to affect the...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

Weintraub Tobin on

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800...more

Weintraub Tobin

The Briefing by the IP Law Blog: Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

Weintraub Tobin on

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800...more

Katten Muchin Rosenman LLP

Second Circuit Puts the Focus on Search-Term Restrictions in 1-800 Contacts Decision - Kattison Avenue Fall 2021 | Issue 7

Katten Muchin Rosenman LLP on

Advertising on the Internet is big business. It can also be cutthroat. One way companies market their goods and services online is via “search advertising.” When an online shopper uses a search engine, the search engine’s...more

Fenwick & West LLP

Second Circuit: Trademark Agreements Restricting Keyword Advertising Are Not Anti-Competitive

Fenwick & West LLP on

In a recent decision, the U.S. Court of Appeals for the Second Circuit clarified the legal standing of trademark settlement agreements and upheld agreements prohibiting a competitor’s use of a trademarked term in keyword...more

Akerman LLP - Marks, Works & Secrets

What’s in a Name: SDNY Grants Preliminary Injunction Enforcing Contractual Bar Against Designer’s Use of Her Own Name

Akerman LLP - Marks, Works & Secrets on

In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from...more

Dorsey & Whitney LLP

What’s in a Name? Influencer Trademark Name Disputes Provide Lessons for the New Year on Clarity in Agreements

Dorsey & Whitney LLP on

Many industries were negatively impacted by the pandemic in 2020, but one industry that continues to grow is the influencer marketing industry. The influencer marketing model typically involves agreements between companies...more

ArentFox Schiff

Don’t Do it: Judge Ends Nike Ad Campaign Over Trademark Dispute

ArentFox Schiff on

This case highlights the importance of clearing new advertising slogans before embarking on a major marketing campaign. Because advertising slogans tend to be used for shorter periods, they are not always subject to the same...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 1 - Fall 2019

Katten Muchin Rosenman LLP on

Welcome to the inaugural edition of Kattison Avenue, a newsletter examining the hot topics in advertising from Katten’s office on Madison Avenue in New York City and beyond. As we prepared to launch our first issue, we wanted...more

Weintraub Tobin

Hidden Trademark Landmines In Comparative And Compatibility Advertisements

Weintraub Tobin on

Nespresso has filed a lawsuit against Jones Brothers Coffee Distribution Company alleging trademark and trade dress infringement. In support of its trademark infringement claim, Nespresso alleges that Jones Brothers’ use of...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017 #4

Shook, Hardy & Bacon L.L.P. on

Furans in Baby Food May Pose Health Risk, EFSA Reports - The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a...more

Dorsey & Whitney LLP

No Free Ride for Copycat Perfume Company – Fair Use Rejected, False Advertising Found, Accounting of Profits Awarded

Dorsey & Whitney LLP on

Well-known perfume marketer Coty Inc. had a big win in New York federal district court, obtaining injunctive relief and $6.5 million dollars in an accounting of profits from copycat perfume seller Excell Brands, LLC. In an...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | August 2017

Shook, Hardy & Bacon L.L.P. on

"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2017 #4

Shook, Hardy & Bacon L.L.P. on

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

28 Results
 / 
View per page
Page: of 2
Next »

"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 Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide