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Jack Daniel’s Remand, Part I: Why Did the Trial Court Give “Little Weight” to a Consumer Survey Showing 29% Confusion?, Op. 1, No....

Seven years ago today, Jack Daniel’s was no doubt riding high. The U.S. District Court for the District of Arizona gave Jack a big shot in the arm with a trademark infringement and dilution victory over Bad Spaniel’s...more

Hsu Untied interview with Mike Keyes, Partner at Dorsey [Video]

An interview with Mike Keyes, Partner at Dorsey by Richard Hsu...more

In-N-Out Trade Dress Dispute Part III: To Squirt, or Not to Squirt?

Welcome to the final chapter of our Burger War Trilogy. In our earlier installments, Part I and Part II, we discussed the secondary meaning surveys proffered by both parties in this trade dress dispute. We now turn to...more

In-N-Out Burger Trade Dress Dispute Part II: Where’s The Beef?

Last week we introduced our readers to the imbroglio featuring the burger behemoth In-N-Out, who accused upstart Doll N’ Burgers of infringing In-N-Out’s registered and unregistered trade dress. Typical of these sorts of...more

In-N-Out Trade Dress Dispute: Court Finds Alleged Flaws in Survey Evidence a “Nothing Burger”

A burger brouhaha involving the Lanham Act is well underway in the Wolverine state. Plaintiff In-N-Out Burgers operates hundreds of fast food joints in the West. Defendant Doll n’ Burger recently opened two locations in...more

Faulty Universe and Suggestive Stimuli Doom Admissibility of Consumer Survey Evidence

There are two sure-fire ways to maximize the chances that a consumer survey gets bounced out of federal court: (1) surveying the wrong people; and (2) leading them to a desired “correct” answer. Both of these survey maladies...more

The Other Shoe Drops: Court Boots Doc Martens’ Legal Expert in Trade Dress Donnybrook

We previously blogged about Airwair Int’l v. Pull & Bear and how Doc Martens successfully challenged Defendant’s expert who opined on secondary meaning and likelihood of confusion. Now, the shoe is on the other foot. Doc...more

Doc Martens Gives the Boot to Likelihood of Confusion Expert in Trade Dress Dust-Up

We’ve discussed a number of cases lately where flimsy consumer surveys were tossed out as unreliable under Daubert. This latest installment presents a slightly different twist....more

Scantily Clad Survey Gets Bounced Out in Strip Club Scuffle

Survey evidence in Lanham Act cases can often times be pretty revealing. If you develop it correctly, survey evidence can be a key ingredient to a successful outcome. But if you develop it incorrectly it will show flaws that...more

Don’t Go Rogue in Proving Up Consumer Deception

Consumer surveys. Love ’em or hate ’em, they are an evidentiary staple in many Lanham Act disputes. A well designed and executed survey can bolster your case, or can act as a powerful antidote to counteract your opponent’s....more

Down the Hatch: Jägermeister Douses Impaired Survey Evidence in Trademark Victory

Jägermeister: it’s no longer for “pukey frat guys.” Or, at least according to Jägermeister’s recent adversary, that was the sordid reputation Jägermeister wanted to shed in a PR blitz launched in 2016....more

Graham Cracker Caper or Class Action Case? Consumer Survey Evidence May Tell Us

Graham Crackers - the ubiquitous, rectangular-shaped snack crackers with air holes and perforations - occupy a unique niche in American snack food lore. In the 1830s, the Rev. Sylvester Graham, a Presbyterian minister from...more

Tiffany & Co. Jury Verdict Against Costco Loses All Its Luster

It is an epic trademark dispute with a lot of bling. Tiffany & Co. vs. Costco. The famed jeweler from the east vs. the titan of warehouse discounts from the west. A jury found that Costco was liable to Tiffany & Co. to the...more

Copyrights & Coronavirus: The Copyright Register Steps Into the Breach

In the midst of our national pandemic, the Acting Register of Copyrights has issued a notice related to the timing of registration of copyrights. Here’s an explanation of what you need to know and why this may be an important...more

Tom Brady Gets Sacked at the USPTO

Love him or hate him, everyone agrees that NFL Quarterback Tom Brady is terrific, except the USPTO.  Earlier this year, Mr. Brady’s company filed to register the trademark “Tom Terrific” for t-shirts and various other...more

Katy Perry’s Dark Horse Gets Trammeled - Is It Time For a New Breed of Music Copyright Protection?

This week, a California jury found that Katy Perry, Capitol Records and a few other players were liable for copyright infringement to the tune of approximately $2,800,000. The offending song is Katy Perry’s runaway smash hit...more

The “F Word” Taking Center Stage at the U.S. Supreme Court

On Friday, while some of us may have been muttering a few bad words as we slogged through our post-holiday inboxes, the Supreme Court was toying with a naughty word of its own: FUCT. That’s right. Late last week the Court...more

Stairway To Retrial: 9th Circuit Erases Jury Verdict in Favor of Led Zeppelin

As it turns out, all that glitters is not gold. Or at least that’s probably how Led Zeppelin feels after the 9th Circuit overturned a shiny jury verdict in favor of the iconic British rock band....more

The Copyright Circus Has Finally Left Town

Last Friday, the 9th Circuit Court of Appeals finally put to bed a copyright dispute that many viewed as nothing short of bananas. Naruto v. Slater—dubbed the “Monkey Selfie” case—raised the novel (if not bizarre) question of...more

The TMCA’s Top Ten Traveler Tidbits For INTA 2018 in Seattle

Starting this weekend, roughly 10,000 legal professionals from across the globe will begin converging on the great City of Seattle for the 2018 Annual Meeting of the International Trademark Association. There are so many fun,...more

5/18/2018  /  Professional Conferences

Did The 9th Circuit “Blur the Lines” in its Latest Music Copyright Case?

As we entered the first full day of the equinox yesterday, a split panel of the Ninth Circuit Court of Appeals handed the heirs of Marvin Gaye a decisive victory that will no doubt leave them with a spring in their steps. The...more

Dr. Seuss is Drooling Over Court’s Pre-Holiday Ruling

You know of this lawsuit, we’ve blogged on it twice, It’s time for a check-in, to see who’s naughty and nice. The Plaintiff as you know is the heir of Dr. Seuss, And fussing and fuming about an alleged unfair use....more

Copyright Fair Use in the Land of Famous Potatoes

It isn’t all that often that copyright decisions get handed down by the federal district court in the great state of Idaho, so the recent decision in James Castle Collection v. Scholastic, Inc. caught our attention. The...more

Flawed Consumer Survey Wipes Out $54 Million Verdict in Trademark Infringement Dispute

In trademark infringement cases, consumer survey evidence can be a powerful tool. It can also badly malfunction, as Black & Decker recently experienced. ...more

Dr. Phil and His Texas-Sized Copyright Victory in the Lone Star State: Is This “EDTX 2.0” After TC Heartland?

And just like that, it was over. The U.S. Supreme Court’s decision in TC Heartland v. Kraft Foods Group sun-setted the reign of the U.S. District Court for the Eastern District of Texas as the country’s busiest (and arguably,...more

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