Podcast: The Briefing by the IP Law Blog - Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney
The Briefing by the IP Law Blog: Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney
Podcast: The Briefing by the IP Law Blog - Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update
The Briefing by the IP Law Blog: Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update
Podcast: The Briefing by the IP Law Blog - Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit
The Briefing by the IP Law Blog: Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit
Podcast - The Briefing by the IP Law Blog: Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers
The Briefing by the IP Law Blog: Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers
Merci, Danke, and Thank You—different in linguistic origin, yet all express gratitude. Now that we are in the holiday season, you may want to convey appreciation to someone by expressing thanks or giving a gift, perhaps...more
The Campbell’s Company and CSC Brands LP recently resolved a trademark infringement lawsuit against Michigan congressional candidate Shelby Nicole Campbell and her “Campbell for Congress” campaign, which used imagery closely...more
You may have seen the headlines over the summer that lululemon sued Costco for trademark infringement because Costco has been selling clothing that bears a striking resemblance to lululemon clothing. Your first thought might...more
Earlier this month, Chrome Hearts, the luxury goods retailer known for jewelry and apparel sued musician Neil Young and the individual members of the band Young has been touring with for the last year, The Chrome Hearts, for...more
The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal of a Lanham Act action, finding that this case was not the rare instance where there was no plausible likelihood that a...more
Baylor University filed a trademark infringement lawsuit against Boston University, claiming that Boston’s use of an “interlocking BU” logo is confusingly similar to Baylor’s federally registered trademark, that also features...more
A Texas federal court granted American Dairy Queen Corporation’s motion for partial summary judgment against a terminated franchisee, finding no dispute to the material facts establishing the franchisee’s material breach of...more
Third-party infringers are finding new ways to sell unauthorized products and profit from doing so. As one example, the third-party seller buys products in bulk from the product owner, receiving a cheaper rate due to bulk...more
In 2024, Utah made its big debut in the National Hockey League, adding a new team to the league and a new reason for fans to get excited. The challenge for the team owner, Uyte, LLC, wasn’t just about building a roster of...more
After a decade of litigation and a pivotal Supreme Court ruling from 2023, the legal battle between Jack Daniel’s and VIP Products has taken yet another turn, this time back in favor of Jack Daniel’s. On remand from the...more
A Minnesota district court issued a preliminary injunction against a former franchisee who engaged in a competing business during the franchise relationship. Snap Fitness, Inc., a gym franchisor, entered into a franchise...more
While it has become common practice to bid on or purchase a competitor’s trademark to use as a search engine keyword, there remains some confusion about when such practices create liability for trademark infringement....more
Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights,...more
Before Lourie, Clevenger and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Fame and likelihood of confusion analyses must thoroughly consider all relevant factors and evidence, including the potential...more
The INTA Annual Meeting is here! As one of the largest gatherings of trademark professionals from around the world, the INTA Annual Meeting offers opportunities for networking, education, and collaboration. Against the...more
After enjoying several decades of acceptance across many circuit courts, the future of the so-called “Rogers test” is uncertain. Established in the landmark Second Circuit case Rogers v. Grimaldi, Rogers is a two-step test...more
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While...more
Actual confusion is considered the sine qua non of trademark infringement. The presence of actual confusion can carry the day in proving a likelihood of confusion entitling the claimant to summary judgment. But not all...more
As we approach the Super Bowl, the world of “upcycling” also takes the stage. Upcycling refers to the process where garments or other materials are reused and transformed into a new or unique item....more
At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for...more
After a “hotly contested” four-year litigation that resulted in mutual, without prejudice dismissals, the plaintiff in Vitaform, Inc. v. Aeroflow, Inc., 2023 NCBC 76, said it would refile and try again. But first, the...more
A trademark can be any word, name, symbol, or device (such as a logo, picture, slogan, color, shape, sound, etc.), including combinations of these elements. The key function of a trademark is to identify and distinguish the...more
This week the U.S. Supreme Court will hear argument in the case, Jack Daniel’s Properties Inc. v. VIP Products LLC, U.S. Doc. No. 22-148, to decide the question: Can we do that? ...more
The US Court of Appeals for the Federal Circuit reminded us that, in the context of related goods, the likelihood of confusion analysis does not require that actual or potential consumers of the goods be the same, but only...more
In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks....more