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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

Son of Tam: Supreme Court Strikes Down Lanham Act Section 2(a) For "Immoral" and "Scandalous" Marks

In our prior blog entries... we followed the course of Matal v. Tam, the case involving the mark “THE SLANTS.” In that case, the Supreme Court struck down a portion of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), on...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

. . . And Your Name Is? Court Orders Anonymous Parallel Importer To Reveal Itself In “Lever Rule” Trademark Challenge

We recently hosted an event at the firm where we discussed legal issues concerning parallel imports in the transportation industry, so a recent decision by the U.S. Court of International Trade discussing “Lever Rule”...more

Of Slants, Skins, And Signs: Section 2(a) Prohibition of Disparaging Trademark Registrations Struck Down!

Well, that happened! According to the Supreme Court’s opinion in Matal v. Tam, Section 2(a) of the Lanham Act, which purports to prohibit the registration of marks that “disparage . . . persons,” is unconstitutional. ...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

Of Slants, Skins And Signs: The Supreme Court Grants Certiorari

We have been following the course of In re Tam as it has progressed through the PTO and the courts. To recap, at issue is whether Section 2(a) of the Lanham Act, which prohibits the registration of marks that may disparage...more

Southern District Still Screams For Ice Cream – And Attorneys’ Fees – In Master Softee Trademark Dispute

Memorial Day weekend is coming, marking the unofficial start of summer. The Southern District of New York has marked the occasion by entering a judgment for attorneys’ fees and costs against Mister Softee copycat, Master...more

Of Slants, Skins And Signs: The March To The Supreme Court

This week saw developments in the two cases challenging the application of Section 2(a) of the Lanham Act to their registration: In re Tam and Blackhorse v. Pro Football, Inc....more

Of Slants, Skins and Signs: No Relief For Trademark Applicant Until Supreme Court Weighs In

As part of our continuing monitoring of this issue, we bring you the latest chapter in the saga over the registration of THE SLANTS trademark. After the en banc Federal Circuit struck down Section 2(a) as facially...more

Of Slants, Skins and Signs: Another Step Closer to the Showdown

In September, we discussed In re Tam and the potential for a showdown over the constitutionality of Section 2(a) of the Lanham Act. At that time, a panel of the Federal Circuit had recently upheld the PTO’s refusal to...more

Of Slants, Skins and Signs: The Coming First Amendment Showdown

Are we heading for a constitutional showdown over Section 2(a) of the Lanham Act? Will the Supreme Court strike down this prohibition on disparaging marks as an abridgement of First Amendment rights? It is certainly...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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