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Trademarks › Jury Trial

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 -
BakerHostetler

AD-ttorneys@law - October 2023

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Ex-Reality Star Sues To Protect His Likeness Against AI - ‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs - New Contender - Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more

BakerHostetler

Trademark Infringement and Jury Trials in Federal Courts

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When plaintiffs assert trademark infringement and related actions under the Lanham Act (or state law counterparts), more often than not the complaint will include a demand for a jury trial on all issues so triable, as is...more

McDermott Will & Emery

Trademark Claim for Profit Damages Means No Jury Trial

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The US Court of Appeals for the Ninth Circuit affirmed a denial of a jury trial demand in a trademark infringement lawsuit where only a claim of disgorgement of profits was at issue. JL Beverage Company, LLC v. Jim Beam...more

McDermott Will & Emery

No Jury Trial for Trademark Infringement Claims

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In finding a fair use defense and no “likelihood of confusion” in a cosmetics trademark infringement dispute, the US Court of Appeals for the 11th Circuit also considered, as an issue of first impression, whether the Seventh...more

Jaburg Wilk

Mildly Satisfied, Still Grumpy: Grumpy Cat Prevails over Infringers

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Celebrity kitty Tardar Sauce aka “Grumpy Cat” (or, rather, the entity that owns rights to the GRUMPY CAT brand) has prevailed on its claims of breach of contract and trademark and copyright infringement against a beverage...more

Knobbe Martens

Tiffany Wins the Generic Battle, and the Spoils of War are Significant (Updated)

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Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed...more

Knobbe Martens

RED GOLD for Jewelry: Obviously Generic (Or Maybe Not…)

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On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more

Knobbe Martens

Tiffany Wins the Generic Battle, and the Spoils of War are Significant

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In February of 2013, high-end jeweler Tiffany & Co. sued Costco Wholesale Corp. in the federal court for the Southern District of New York for using the designation “Tiffany setting” since 2007 in the sale of two styles of...more

Foley Hoag LLP - Trademark, Copyright &...

Justice Scalia on Trademark and Copyright: Dastar, Penguin-Shaped Cocktail Shakers and “Guilt by Resemblance”

Foley Hoag LLP - Trademark, Copyright &... on

When we decided to mark the passing of Justice Antonin Scalia by recounting a few of his copyright and trademark opinions, we were somewhat surprised to discover that there really hadn’t been that many. In fact, we located...more

Fish & Richardson

9th Circuit Cannot Make Up Its Mind

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In a drama that certainly has not seen its curtain drop, the 9th Circuit has changed its mind twice on the same issue in the same case during a 19 month span. This story began in 2011 when Multi Time Machine, Inc. (“MTM”), a...more

Womble Bond Dickinson

Beaulieu Group Floored by Competitor Mohawk’s Application and Use of New Mark for Residential Carpet

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On September 30, 2015, Beaulieu Group, LLC (“Beaulieu”), a Georgia Corporation, brought a trademark infringement action against Mohawk Carpet Distribution, Inc. (“Mohawk”), a Delaware corporation with a principal place of...more

Akerman LLP - Marks, Works & Secrets

Suggestive or Descriptive Marks: An “Expert’s” View

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On February 28, 2015, the Southern District of New York denied a motion to exclude the testimony and survey of an expert witness regarding whether a trademark was descriptive or suggestive. In Rise-N-Shine, LLC v. Robin...more

McDermott Will & Emery

Supreme Court Finds Trademark Tacking to Be a Jury Question - Hana Financial, Inc. vs. Hana Bank, et. al.

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The Supreme Court of the United States, in a unanimous decision stated that “because the tacking inquiry operates from the perspective of the ordinary purchaser or consumer, we hold that a jury should make this...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Hana Financial, Inc. v. Hana Bank

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On January 21, 2015, the U.S. Supreme Court decided Hana Financial, Inc. v. Hana Bank, No. 13-1211, holding that whether two trademarks are “legal equivalents” creating a single, continuing commercial impression and may be...more

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