Trademarks Trade Dress

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 -
News & Analysis as of

Second Circuit Upholds Parody Defense, Tosses Louis Vuitton’s Trademark Suit

In late December, the Second Circuit issued a ruling in Louis Vuitton Malletier, S.A., v. My Other Bag, Inc., affirming the district court’s grant of summary judgment for claims of trademark infringement and dilution of a...more

Louis Vuitton Left Holding the Bag

In Louis Vuitton Malletier S.A. v. My Other Bag, Inc., [16-241-cv] (December 22, 2016), the Second Circuit affirmed summary judgment for My Other Bag that its parody bag did not infringe or dilute Louis Vuitton’s trademark...more

Biting the Bulleit

In a complaint recently filed in the Southern District of New York (16 CV 09747), Diageo North America, Inc., makers of BULLEIT bourbon sued Sazerac Company, Inc., alleging that Sazerac’s DR. MCGILLICUDDY’S HONEY WHISKEY...more

Four T’s at Four: What Breweries Need to Know About Their IP Before They Consider an Exit

“Forties at 4” was a time-honored Friday tradition among my engineering classmates in college. After our last class, several of them would purchase Miller (if we could find it in a 40 oz) or Old English or some other malt...more

For Wrigley Field Street Vendors, It’s Win or Go Home

The Chicago Cubs are rolling into the playoffs, putting the finishing touches on a historically dominant regular season with over 100 wins. Cubs fans (like me) even dare to dream that the century-plus long championship...more

Trademarks, Service Marks, and Trade Dress: Key Facts and Pitfalls to Avoid

1. The Difference Between a Trademark, Service Mark, and Trade Dress. A trademark is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof that...more

Trade Dress Claim Based on Shoe’s Rectangular Metal Toe Plate Booted by SDNY

The Southern District of New York recently booted shoe manufacturer LVL XIII Brands, Inc.’s trade dress infringement suit against Louis Vuitton Malletier S.A. in LVL XIII Brands, Inc. v. Louis Vuitton Malletier S.A.. At issue...more

Litigation Alert: The Ninth Circuit Leaves Pirate Joe’s Saying “Shiver Me Timbers!”

Late last week, the U.S. Court of Appeals for the Ninth Circuit determined a court had jurisdiction to decide a trademark lawsuit filed by a U.S. grocery store against a Canadian reseller where the products at issue were only...more

Corporate Logos and Copyright: Another Bite at the IP Apple

Can a corporation protect its logo by copyright as well as by trademark law? Traditionally, when one thinks of works protected by the law of copyright, one thinks of substantial works of authorship such as a novel, a...more

Can You Identify Your Trade Dress?

Trade dress is a type of trademark intellectual property right that can protect almost any unique identifying aesthetic design used by a company, from the shape of a product, to the appearance of a website, to the decor of a...more

Design Patents and Trade Dress

I often get asked by clients to discuss the differences between design patents and trade dress. Both are intellectual property protections that protect similar aspects of a product—the appearance and aesthetic features. Last...more

Ninth Circuit Decision Finds Side-By-Side Medical Results Charts Arguably Non-Functional and Protectable Trade Dress

The Ninth Circuit recently considered whether the layout of a medical report can be protected as trade dress under the Lanham Act, or whether the layout of a report is merely functional. The subject case, Millennium...more

Acquired Distinctiveness of Trademarks in the United States

Business enterprises often prefer to adopt trademarks that describe the company’s goods or services because they require less of an investment to develop the brand and educate the target consumer. This is in contrast to...more

That’s the Way the Cookie Crumbles

On December 2, 2016, Pepperidge Farm sued Trader Joe’s for infringement and dilution of the “famous and unique Milano® cookie configuration trademark. Civil Action 3:15-cv-0174-AWT in the District of Connecticut. While the...more

The Who, What, and "Wares" of Wearable Technology - Protect Your Morphing Products

In years past, "wearable technology" was pretty much limited to wristwatches and miners' headlamps. Today, wearable technology is one of the fastest growing segments in the technology marketplace. Countless consumer products...more

Adidas Means Business: Sues Skechers for Copycat Sneakers

Just coming off the heels of the lawsuit it filed against Marc by Marc Jacobs on April 8, 2015, adidas America, Inc., adidas AG, and adidas International Marketing B.V. (collectively, “adidas”) filed suit against Skechers...more

Comparison of Design Patent and Trade Dress Protection in Light of the Federal Circuit’s Decision in Apple v. Samsung

In a decision authored by Chief Judge Sharon Prost, the Federal Circuit held that while design patents covering product configurations – that is, “a product feature or a combination or arrangement of features” – can protect...more

Apple Takes Us Back to PENCIL and PAPER

If you are a member of the Cult of Apple, like tech, or even just watch the news, you’re probably aware that yesterday was Apple’s big fall event where they announce new product launches and updates. The event showcased a...more

Lego Adds a “Brick” to its Enforcement Strategy

The Danish Lego Group is no stranger to trademark disputes. Understandably, Lego enforces its rights in the LEGO mark against third-parties who use LEGO without their permission. Lego also claims trade dress rights in product...more

August 2015: Trademark/Copyright Litigation Update

Federal Circuit Invalidates Apple’s iPhone Trade Dresses as Functional. On May 18, 2015, the Court of Appeals for the Federal Circuit reversed a judgment of the Northern District of California that Samsung had diluted Apple’s...more

Individual Inventor Alleges Eli Lilly and BDA Overdosed on Patented Dosage Adherence Tool

In the latest chapter of a year-long battle between an individual inventor and two companies, Lisa Duer (“Duer”), a resident of Woodstock, Georgia, filed her Third Amended Complaint alleging patent infringement, trademark...more

MarkIt to MarketTM - July 2015

The July issue of Sterne Kessler's MarkIt to MarketTM newsletter explains why two pronged protection is the best approach for product configuration, discusses the importance of coordination between legal and marketing...more

May Court Decision Round-Up

Nedschroef Detroit Corp. v. Bemas Ents. LLC, Case No. 14-10095, 2015 WL 2453511 (E.D. Mich. May 22, 2015). U.S. District Judge Linda V. Parker granted summary judgment in favor of plaintiff Nedschroef Detroit Corp...more

Political Speech, Trademarks And The Definition of “Goods or Services”

Last month witnessed the resolution of two trademark infringement cases involving the relationship between political activities and the definition of “goods or services.” On May 18, 2015, State Senator Steve Hershey gave up...more

No Acquiescence Defense in Fifth Circuit Without Significant Investment in Reliance - Pennzoil-Quaker State Co. v. Miller Oil &...

Clarifying that undue prejudice is a distinct requirement of the acquiescence defense, the U.S. Court of Appeals for the Fifth Circuit reversed the district court’s finding of acquiescence where the defendants failed to show...more

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