Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires...more
The First Amendment permits employers engaged in artistic expression to disassociate from employees who make inflammatory statements, Disney argued in a recent motion to dismiss a lawsuit brought by Gina Carano, an actress in...more
The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the...more
5/2/2024
/ Copyright ,
Damages ,
False Advertising ,
Intellectual Property Protection ,
Lanham Act ,
License Agreements ,
Misrepresentation ,
Reputational Injury ,
Right of Publicity ,
Trademark Registration ,
Trademarks ,
Unfair Competition
After enjoying several decades of acceptance across many circuit courts, the future of the so-called “Rogers test” is uncertain. Established in the landmark Second Circuit case Rogers v. Grimaldi, Rogers is a two-step test...more
3/29/2024
/ Consumer Confusion ,
Fair Use ,
False Endorsements ,
First Amendment ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Misleading Statements ,
Motion to Dismiss ,
Public Interest ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
USPTO
With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year.
In 2024, media and entertainment businesses will focus on whether the longstanding tenet...more
3/27/2024
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Authorship ,
Business Development ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Copyright ,
Copyright Office ,
Defamation ,
Entertainment Industry ,
EU ,
Fair Use ,
General Data Protection Regulation (GDPR) ,
Jack Daniels Properties Inc v VIP Products LLC ,
Machine Learning ,
Media ,
MLB ,
NBA ,
NHL ,
SCOTUS ,
UK ,
USPTO
NS Brands Ltd. (NatureSweet) recently filed its third lawsuit against Mastronardi Product Ltd. and Mastronardi Product USA Inc. (Angel Sweet) in just over 10 years, alleging unfair competition and trademark and trade dress...more
Nike Inc. recently sued Japanese streetwear company, A Bathing Ape (BAPE), in the Southern District of New York, alleging that BAPE’s business model revolves around offering “near verbatim” copies of Nike’s iconic Air Force...more
The Ohio State University has successfully obtained a trademark registration for the word “THE,” which has been the university’s moniker and rallying cry at sporting events for decades. The trademark registration covers...more
The Second Circuit confirmed last month that parties settling trademark disputes have significant flexibility to avoid violating the antitrust laws. The Court overturned a Federal Trade Commission (FTC) decision finding that...more
After much media hype, Nike Inc. has settled a trademark dispute with the artist collective, MSCHF Product Studio, Inc., over claims that MSCHF deceived consumers into believing that Nike is affiliated with the collective’s...more
The Supreme Court finds that a “generic.com” mark can be a protectable trademark if there is evidence that consumers recognize it as a source indicator, i.e., the mark has achieved secondary meaning in association with the...more
7/7/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
Earlier this month, the Supreme Court unanimously sided with fashion brand Lucky Brand Dungarees, Inc. (LB) resolving its decades-old dispute with Marcel Fashion Group, Inc. (Marcel).
The victory came on technical...more
Currently, CBP is empowered to seize counterfeit merchandise or packaging that violates those copyrights, trademarks, and trade names that have been previously recorded with CBP. The Bill would allow CBP to make similar...more
AM General, LLC, owner of the intellectual property associated with the HUMVEE all-terrain military vehicle, has sued popular game maker Activision Blizzard, Inc. over the inclusion of HUMVEE intellectual property in the CALL...more