While the UDRP can be a fast and cost effective way to recover domain names registered in clear bad faith, it may not succeed in disputes involving legitimate competing rights, complex business relationships, or unresolved...more
Today, Aaron Judge (“Judge”) is a household name for sports fans across the United States. However, in 2017, Judge was just entering the Major League Baseball scene and carving out a name for himself—he won Rookie of the Year...more
Bayou Grande Coffee Roasting Company (“Bayou Grande”), a coffee company based out of St. Petersburg, Florida, faced a long and winding road to register its mark KAHWA in connection with café and coffee shop services in Class...more
Game Plan, Inc. (“Game Plan”), a nonprofit organization that supports student‑athletes in underserved communities, appealed a decision of the Trademark Trial and Appeal Board (“TTAB”) to the Federal Circuit (see Game Plan,...more
If you have a kid, or play in the NFL, you are likely familiar with The J.M. Smucker Company UNCRUSTABLES® a pre-made PB&J sandwich. According to The New York Times, “NFL teams go through anywhere from 3,600 to 4,300...more
In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...more
9/11/2024
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cease and Desist Orders ,
Enforcement ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Hemp ,
Marijuana ,
Marijuana-Infused Edibles ,
Marketing ,
Product Packaging ,
Public Health ,
Regulatory Agenda
The Olympics are coming! Now is a good time for brand owners who are planning promotional activities related to the Olympic games, or have endorsement agreements with Olympic athletes, to review the rules and make sure they...more
7/22/2024
/ Advertising ,
Ambush Marketing ,
Compliance ,
Corporate Branding ,
Intellectual Property Protection ,
International Olympic Committee (IOC) ,
Marketing ,
Olympics ,
Penalties ,
Sponsors ,
Trademarks
On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. Miramax alleges that Tarantino...more
12/16/2021
/ Breach of Contract ,
Cease and Desist Orders ,
Contract Terms ,
Copyright ,
Copyright Infringement ,
Distributed Ledger Technology (DLT) ,
Film Industry ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Licensing Rights ,
Movies ,
Non-Fungible Tokens (NFTs) ,
Ownership of Works ,
Quentin Tarantino ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
In April 2021, big-box retailer Walmart Apollo, LLC (“Walmart”) filed a trademark opposition against Yeezy LLC’s (“Yeezy”) U.S. Trademark Application Serial No. 88/746444 for its sun rays design mark, shown below (“Yeezy’s...more
On November 30, 2020, New York Governor Andrew Cuomo signed into law New York Senate Bill S5959D, an amendment to New York’s right of publicity law to provide the 40 year post-mortem right of estates of deceased celebrities...more
What do UPS and TAPATIO hot sauce have in common? Based on recent California Court filings, both companies are serious about protecting their trademarks from infringement by entities in the cannabis space.
In 2019, both...more
5/31/2019
/ Brand ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Dilution ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Related Businesses ,
Misappropriation ,
Settlement Agreements ,
Tarnishment ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Treble Damages ,
Unfair Competition ,
Willful Infringement
The Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) jointly sent warning letters on April 3, 2019 to companies that advertise and sell cannabidiol (CBD) containing products via internet...more
5/30/2019
/ Cannabidiol (CBD) oil ,
Dietary Supplements ,
Farm Bill ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Health and Safety ,
Hemp ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Marketing ,
Pharmaceutical Industry ,
Product Labels ,
Regulatory Oversight ,
Social Media ,
Websites
Supreme, the popular New York-based American streetwear brand, known by its iconic logo, was created by founder/CEO James Jebbia. Despite its highly successful brand recognition, the company (which operates under the...more
On December 13, 2018, Face Lace Ltd., founded by makeup artist Phyllis Cohen to provide ready-to-wear makeup designs, filed suit in the Central District of California against Bare Escentuals Inc. d/b/a Buxom Cosmetics. Face...more
On March 6, 2018 the USPTO announced that it has started a pilot program that makes it easy to report specimens that have been digitally created, altered or fabricated. Third parties that believe that an application contains...more
Jasmin Larian, the owner of Cult Gaia, started selling the “Ark” bag in 2013. Since then the Ark bag has been seen on celebrities including Jessica Alba and was even touted as 2017’s “IT” bag. ...more
3/14/2018
/ Acquired Distinctiveness ,
Cease and Desist ,
Concurrent Litigation ,
Counterfeiting ,
Declaratory Relief ,
Fashion Design ,
Fashion Industry ,
Irreparable Harm ,
Misleading Impressions ,
Trade Dress ,
Trademark Infringement
In December, the Second Circuit ruled that My Other Bag (MOB) was not liable for infringing Louis Vuitton’s trademarks and copyrights because MOB’s bags were a parody of the luxury giant....more
1/31/2018
/ Attorney's Fees ,
Copyright ,
Copyright Infringement ,
Damages ,
Exceptional Case ,
Fashion Branding ,
Lanham Act ,
Louis Vuitton ,
Octane Fitness v. ICON ,
Parody ,
Trademark Infringement ,
Trademarks
On December 4, 2017 Galatea Jewelry (“Galatea” or “Plaintiff”) filed a copyright infringement suit in the District Court for the Central District of California against the well-known crystal jewelry producer and retailer...more
On October 19, 2017 Hush Hush Sound Inc, Michael David, and Tyler Blake (collectively “Plaintiffs”) also known as the Electronic dance music duo “Classixx” filed suit in the District Court for the Central District of...more
Years after the Christian Louboutin v. Yves Saint Laurent battle over red soled shoes, trademark protection for color continues to be a hot topic. On August 22, 2017, the Trademark Trial and Appeal Board (“TTAB”) held that...more
U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more
8/15/2017
/ China ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Counterfeiting ,
Customs and Border Protection ,
Fashion Branding ,
Fashion Industry ,
Illegal Imports ,
Intellectual Property Protection ,
Recordation ,
Search & Seizure ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
Introduction -
•Music copyrights:
–Musical works – sheet music and lyrics
•Author is generally composer/lyricist and controls
•Can be administered through a music publisher
- ...more
7/28/2017
/ ASCAP ,
BMI ,
Copyright ,
Fair Use ,
IP License ,
Music ,
Music Industry ,
Music Publishing ,
Musical Sound Recordings ,
Popular ,
Public Domain ,
Public Performance Rights
On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes. The “Fenty” label has become popular, in part, due to the influence of music artist, Rihanna as the label’s brand ambassador. In its complaint,...more
The U.S. Supreme Court on Wednesday, March 22, 2017, issued their opinion on Star Athletica v. Varsity Brands. The Court affirmed the 6th Circuit, holding that the lines, chevrons, and colorful shapes of Varsity’s...more
3/31/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function
The U.S. Supreme Court issued their opinion on Star Athletica v. Varsity Brands on Wednesday, March 22. Should fashion designers rejoice or be fearful? That depends. Designers who repeatedly have original fashion designs...more
3/30/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function