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
On December 5, 2023, the Second Circuit Court of Appeals issued a precedent-setting decision in favor of the prominent skateboarding footwear and apparel brand, Vans.
The decision centered on the satirical art collective...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
Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the Metaverse
Nike, Inc. has filed a federal complaint against StockX, LLC, an online resale...more
It may come as some surprise that embedded within the over 5,500-pages of the recent COVID-19 relief and government funding bill (the Consolidated Appropriations Act) are several (not-insubstantial) changes to copyright and...more
1/11/2021
/ CASE Act ,
Consolidated Appropriations Act (CAA) ,
Copyright ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
DMCA ,
Ex Partes Reexamination ,
Expungement ,
Federal Funding ,
Lanham Act ,
Relief Measures ,
Trademark Infringement ,
Trademark Modernization Act (TMA) ,
Trademarks ,
USPTO
Converse – In re Certain Footwear Products, Inv. No. 337-TA-936 (Remand, 2020) -
It has been over six years since Converse first filed its headline-grabbing International Trade Commission complaint against over thirty...more
Is a plaintiff in a trademark infringement suit required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to an award of defendant’s profits?
This is an important, age-old, yes-or-no...more
4/30/2020
/ § 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