On April 23, 2020, the U.S. Supreme Court unanimously held in Romag Fasteners Inc. v. Fossil Inc. that a finding of “willfulness” is not required as a precondition to an award of an infringer’s profits. The decision resolves...more
4/27/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
The Kardashian sisters were the celebrity endorsers for a cosmetic line previously called “Khroma Beauty” that was created and marketed by Boldface....more
6/7/2019
/ Breach of Contract ,
Celebrity Endorsements ,
EU ,
Fashion Branding ,
IP License ,
Kardashians ,
Lanham Act ,
Preliminary Injunctions ,
Standing ,
Trademark Infringement ,
Trademarks
A recent UK court held that Karen Millen, a fashion designer and co-founder of the Karen Millen brand, was prohibited from using her name, KM or K.Millen or any other confusingly similar names in connection with clothing and...more
10/25/2016
/ Breach of Contract ,
Confusingly Similar ,
Contract Drafting ,
Contract Terms ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Personal Brands ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
UK
Voters in the U.K. recently passed a referendum paving the way for the U.K. to leave the European Union (EU). In response, British Prime Minister David Cameron resigned on Wednesday, July 13, 2016, with Theresa May as his...more
7/15/2016
/ Article 50 Treaty of the EU ,
community ,
Community Designs ,
EU ,
European Patent Office ,
European Union Trade Mark (EUTM) ,
Intellectual Property Protection ,
Patents ,
Referendums ,
Trademark Registration ,
Trademarks ,
Treaty of Lisbon ,
UK Brexit ,
UK Intellectual Property Office (UK IPO) ,
Unified Patent Court ,
Unified Patent System ,
Unitary Patent
1. Ownership of marks -
Who may apply?
An application may be filed by any person or legal entity that uses or intends to use a mark in connection with goods sold or distributed, or services transacted, in United...more
Counterfeiting is a critical problem for trademark and copyright owners (‘IP owners’) affecting all industries, from pharmaceuticals and medical devices to electrical and auto products, toys and fashion items. To effectively...more