In a significant decision, the Federal Circuit has clarified the weight given to third-party registrations in determining the strength of the opposer’s mark and has firmly placed the burden of showing non-use of such marks on...more
For the full background, see our prior article, Can The Parody Defense Protect Against Trademark Infringement When The Use Is Commercial In Nature? ...more
7/6/2023
/ First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Not every unauthorized use of a trademark is infringing, one such example is when a mark is used as a parody. Generally, parody is an imitation of another done for comic relief or to ridicule....more
The battle between Thom Browne and Adidas over a striped design dates back to 2007. For over 20 years, Thom Browne has been a force in luxury fashion, bringing a unique and distinctive design aesthetic that combines classic...more
On September 17, 2021, in Beasley v. Howard, 14 F.4th 226 (3d Cir. 2021), the Third Circuit joined the Second and Ninth Circuits in ruling that prior trademark cancellation actions in front of the Trademark Trial and Appeal...more
COVID-19 has impacted almost every aspect of society—our lives, our jobs, and our businesses. In addition to dominating decisions relating to consumer spending and purchasing, COVID-19 has created surpluses of goods,...more
1/8/2021
/ Copyright ,
Coronavirus/COVID-19 ,
Corporate Branding ,
Countervailing Duties ,
Customs and Border Protection ,
Distributors ,
E-Commerce ,
Gray Market Goods ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
IP License ,
Popular ,
Section 337 ,
Supply Chain ,
Tariffs ,
Trademark Infringement ,
Trademarks ,
U.S. Commerce Department
Counterfeiters often act through intermediaries, including online marketplaces, social media companies, and internet service providers (“ISPs”), that may not be aware that their services are being used for infringing...more
7/11/2020
/ Actual or Constructive Knowledge ,
Contributory Infringement ,
Copyright Infringement ,
Counterfeiting ,
Digital Marketplace ,
Direct Infringement ,
DMCA ,
Duty of Care ,
E-Commerce ,
EU ,
EU Directive ,
Indirect Infringement ,
Intellectual Property Protection ,
Intermediaries ,
Internet Marketing ,
Internet Service Providers (ISPs) ,
Landlords ,
Lanham Act ,
Liability ,
Popular ,
Trademark Infringement ,
Unfair Competition ,
United States ,
Willful Blindness
In some jurisdictions, the local trademark offices will require an owner to record trademark licenses used by entities other than the registered owner. ...more