News & Analysis as of

Common Law Claims Trademarks

Fitch, Even, Tabin & Flannery LLP

Aaron Judge Makes Triple Play in TTAB Opposition

On April 12, in Major League Baseball Players Association and Aaron Judge v. Michael P. Chisena, the Trademark Trial and Appeal Board (TTAB) found in favor of the Major League Baseball Players Association (MLBPA) and New York...more

Ervin Cohen & Jessup LLP

Overcoming Intellectual Property Exclusions In Insurance Policies

A key challenge for policyholders seeking coverage under commercial general liability, directors and officers and other insurance policies is the presence of the so-called “intellectual property exclusion.” In a typical...more

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

Dorsey & Whitney LLP

Dispute Over KIVA Trademark Continues to Smolder

Dorsey & Whitney LLP on

A dispute over the trademark KIVA involving use of the mark with health food and cannabis continues to smolder in the Northern District of California. In late 2018, Kiva Health Brands (a national health food and...more

McDermott Will & Emery

Claims for Continued Trade Secret Misappropriation Allowed when Statute Permits Separate Accrual

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit reversed in part and affirmed in part a district court’s decision that a trademark owner’s infringement claims were time-barred, finding that Pennsylvania applies a separate...more

Knobbe Martens

Van Cleef & Arpels v. Nice Ice Fine Jewelers

Knobbe Martens on

On January 30, 2019, the luxury jewelry suppliers Van Cleef & Arpels filed suit in the United States District Court for the Southern District of New York against Nice Ice Fine Jewelers, LLC (“Defendant”). Van Cleef & Arpels’...more

McAfee & Taft

Weeded out?

McAfee & Taft on

Recently, Oklahoma joined the ranks of the 30 states that have legalized medical marijuana, but the state still has work to do on just how to implement its new law. As usual, the devil is in the details. Even though Oklahoma...more

McDermott Will & Emery

Keep Your Claws Off the Krusty Krab

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment finding that a specific element from a television series—in this case, The Krusty Krab restaurant from SpongeBob SquarePants—can receive...more

Knobbe Martens

Is it Pretty? Will H&M Assert a “Classixx” Ornamental Defense to Claims of Trademark Infringement?

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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

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2016

Fenwick & West LLP on

Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more

Ladas & Parry LLP

REDSKINS affirmed as disparaging. Appealed to 4th Circuit.

Ladas & Parry LLP on

In its June 18, 2014 Blackhorse decision, the TTAB ordered six Redskins trademarks to be cancelled as disparaging to Native Americans at the time they were registered....more

Knobbe Martens

Rights in Bob Marley's name and likeness trump free speech where defence not properly pleaded | World Trademark Review

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Fifty-Six Hope Road is a company run by some of Bob Marley's children, and it owns the property rights to Bob Marley's name, voice and likeness. Hope Road licensed Zion Rootswear the exclusive right to use Marley's name and...more

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