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Corporate Branding Trademark Infringement

BakerHostetler

[Podcast] Trademark and Copyright: The Good Fight

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In 2023, BakerHostetler saw cutting-edge legal issues and also the continuing evolution of fraudulent schemes targeting brand owners. Our attorneys have also dealt with increasingly sophisticated scams involving the misuse of...more

Erise IP

Protecting Your House Brand is Paramount: Two Case Studies Show Different Approaches

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Companies may have hundreds of trademarks, but the primary or house mark is the most important and should be the centerpiece of every trademark strategy. Trademark owners take different approaches to brand awareness and...more

Bodman

First-of-Its-Kind Lawsuit Pitting Claims of Artistic Expression Involving NFTs Against Trademark Rights Should Have All Mark...

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Regardless of whether your business has any current plans to develop digital goods, including “non-fungible tokens” (NFTs), a recent verdict in a first-of-its-kind case involving trademark rights and digital assets should...more

Holland & Knight LLP

Courts Offer More Guidance on Enforcing Rights to Brands and Images Used with NFTs

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Non-fungible tokens (NFTs) serve as agile mechanisms to verify an underlying asset's authenticity and/or ownership linked with it. For now, minting NFTs to commercialize digital artwork on blockchain domain names continues to...more

Quarles & Brady LLP

A Trademark Guide to the Metaverse for Averse Brand Owners

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Introduction - Recent technological developments have made topics like the metaverse, Web3, blockchain, and non-fungible tokens (NFTs) commonplace. But nothing about these topics is common....more

Smart & Biggar

Canadian Trademark Law 2021: A Year in Review

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2021 offered many lessons to Canadian trademark owners including: reminders of the challenges of enforcing inherently weak trademarks and the importance and benefits of registering IP rights at the Canadian border. As well,...more

Smart & Biggar

Federal Court finds Subway’s trademark rights infringed by cannabis retailer that adopted “Budway” parody mark

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Earlier this month, the Federal Court issued its decision in Subway IP LLC v Budway, Cannabis & Wellness Store, 2021 FC 583, a case involving a cannabis retailer that knowingly adopted a parody mark in connection with its...more

Smart & Biggar

PC v. PC: Smart & Biggar prevails in dismissal of appeal on behalf of Pampered Chef

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On February 15, 2021, the Federal Court of Appeal issued its decision dismissing an appeal from the Federal Court’s trial decision in Loblaws Inc v Columbia Insurance Company, 2019 FC 961. As previously reported, Pampered...more

Dorsey & Whitney LLP

Derby Pie Eats Humble Pie

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Rupp v. Courier-Journal, Inc. involves a dispute between the makers of DERBY-PIE®—a trademarked chocolate-nut pie—and a local newspaper that published two articles about other businesses creating other chocolate-nut desserts....more

Haug Partners LLP

The Impact of COVID-19 and Accelerated Growth of E-commerce on Gray Market Sales

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COVID-19 has impacted almost every aspect of society—our lives, our jobs, and our businesses. In addition to dominating decisions relating to consumer spending and purchasing, COVID-19 has created surpluses of goods,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2020: Get in the Weeds: Even Brands for (Federally Illegal) Consumables Need to Play by the Trademark...

In a complaint filed late last month in the Northern District of Illinois, Edible Arrangements, purveyors of fancy fruit bouquets, initiated a trademark infringement suit against cannabis company Green Thumb Industries Inc.,...more

Smart & Biggar

Not all pun and games: Federal Court not amused with cannabis company’s brand parody

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In a recent decision of Canada’s Federal Court illustrates the danger of adopting a mark or name “inspired” by a famous or well-known brand, even when confusion is unlikely. The decision is a cautionary tale, particularly for...more

Eversheds Sutherland (US) LLP

COVID-19 and trademark-driven scams

Strong brands are prime targets for trademark scams in times of crisis like the COVID-19 pandemic because of the trust and goodwill they have built with the consuming public. Brands in the medical products sphere should be on...more

Smart & Biggar

5 reasons why Canada is an attractive jurisdiction for trademark litigation

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Brand owners looking to enforce their rights expeditiously (and inexpensively) need look no further than Canada, which offers brand owners a number of tools to obtain relief against infringers and counterfeiters in a...more

International Lawyers Network

Selling Your Products on US Online Marketplaces

Before you begin selling your products on a U.S. online marketplace like Amazon, Etsy or Rakuten, there are three intellectual property considerations to make: clearance, acquisition and enforcement. This article provides a...more

Jaburg Wilk

Why Register My Trademark? The Benefits of Trademark Registration

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A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a...more

Dechert LLP

Brexit Manoeuvres: Brexit and Trade Marks

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With a “no-deal” scenario looking increasingly more likely, what should brand owners be doing to prepare for 31 October this year? EU trade marks in the UK - Once the UK leaves the EU, existing EU trade marks (EUTMs)...more

Lowndes

Social Media Marketing – How to Protect the IP Rights of your Company’s Greatest Asset

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Social media has dramatically changed the way companies brand and market themselves to the public. Companies of all sizes use social media as the primary line of communication to their customers and the general public....more

Hogan Lovells

CJEU: Sweet victory for well-known trademark against registered design

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In its judgment C-693/17 earlier this year, the CJEU confirmed a decision of the GC in design invalidity proceedings, in which the proprietor of a trademark protecting the image of product packaging successfully took action...more

Foley & Lardner LLP

Supreme Court May Give Brand Owners an Easier Path to Trademark Damages

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In a case that may have a major impact on trademark litigation across the country, the Supreme Court decided on June 28, 2019 to grant certiorari in Romag Fasteners, Inc., v. Fossil, Inc., et al., in which Romag has asked the...more

Sunstein LLP

May 2019 IP Update: Amazon Enters the Fray of Intellectual Property Disputes

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Amazon.com has become ubiquitous in online retail, dominating the e-commerce marketplace worldwide. For sellers, Amazon acts as a crucial means of reaching customers around the globe. For consumers, it has become an...more

Fenwick & West LLP

Scout’s Honor: Boy Scouts Rebrand Prompts Trademark Suit by Girl Scouts

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A trademark infringement dispute involving unlikely opponents made national headlines last fall when the Girl Scouts of the United States of America (GSUSA) filed suit against the Boy Scouts of America (BSA), following BSA’s...more

Harris Beach PLLC

The Importance of Trademark Registration for Breweries

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So you’ve got a brewery or you’re planning to start a brewery, what are the typical issues you worry about? Financing, federal and state licensing, recipe formulation, hop contracts, distribution, employees, mash pH, and a...more

Knobbe Martens

Ethical Brand Protection in the Age of Social Media: Fair Ball or Foul?

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Presentation Goals - • WHAT - Build and maintain strong brand equity through proper trademark policing • HOW - Protect the brand via a custom enforcement strategy • CONSIDERATIONS - Promote ethical investigations in...more

Hogan Lovells

Europe – General Court: Bad faith’s link to likelihood of confusion

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(Case analysis: T-687/16 – Koton Magazacilik Tekstil Sanayi ve Ticaret AS v EUIPO / Joaquín Nadal Esteban) - Successfully proving bad faith in a cancellation action can be a challenge....more

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