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Supreme Court to Decide Whether Trademark Owner Must Prove Willful Infringement to Obtain an Infringer's Profits

Under 15 U.S.C. § 1117(a), trademark holder who proves infringement may receive as damages an award of profits “subject to the principles of equity.” This phrase has divided the circuit courts going back several decades, with...more

Don’t Mess With Grumpy Cat’s Intellectual Property!

In my never-ending quest to write articles that my children would read, I bring you the case of Grumpy Cat. The guardians of Grumpy Cat (whose actual name is Tardar Sauce), through its company, Grumpy Cat Limited,...more

Aw, Tartar Sauce! Is the Krusty Krab Restaurant Trademark A CopyBob DittoPants?

With some cases, you just shake your head. In this case, a restaurant purveyor thought it would be okay to open a restaurant by the name of the “Krusty Krab.” For those of you who have no reason to have been watching...more

We All Scream For Ice Cream: Master Softee Defaults in Trademark Dispute

For some of us who “summered” on the sweltering streets of New York City as children, the sound of the Mister Softee jingle triggers a Pavlovian response for that sweet, soft-serve ice cream. It was the perfect antidote for...more

Pushing the Envelope on Initial Interest Confusion Claims — Multi Time Machine, Inc. v. Amazon.com

Consider this: You are shopping online and you type in the name of a brand of wristwatch. Perhaps you wanted to purchase that exact brand of watch, or perhaps you were looking for a selection of watches that included the...more

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