News & Analysis as of

Goodwill Trademark Infringement

Dorsey & Whitney LLP

Whataburger v. What-A-Burger #13 - A battle for trademark rights in North Carolina, and potential defenses for junior trademark...

Dorsey & Whitney LLP on

Whataburger has once again found itself in the news over a lawsuit it filed over naming rights against a long-standing East Coast burger establishment for its purported infringement of the WHATABURGER trademark....more

Jaburg Wilk

Why Register My Trademark? The Benefits of Trademark Registration

Jaburg Wilk on

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

McDermott Will & Emery

Honey Badger Don’t Give a Summary Judgment

McDermott Will & Emery on

In a trademark dispute stemming from a 2011 viral video and internet meme titled “The Crazy Nastyass Honey Badger,” the US Court of Appeals for the Ninth Circuit ruled in favor of the defendant greeting card companies,...more

Knobbe Martens

Loves me not: Wholesale Jewelry, Inc. Hit with Infringement of Cartier Trademarks and LOVE Collection Trade Dress

Knobbe Martens on

On July 18, 2018 the well-known luxury goods company, Cartier International AG and Cartier, a division of Richemont North America Inc. (collectively, “Cartier” or “Plaintiffs”) filed suit in the United States District Court...more

Smart & Biggar

Top 10 Highlights of Canadian IP Law and Practice in 2017

Smart & Biggar on

2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

Bennett Jones LLP

Captain Morgan Defeats Admiral Nelson in a Rum Branding Battle

Bennett Jones LLP on

The victory in the fight between two rum competitors demonstrates that unregistered trade dress rights are alive and well in Canada, admissible survey evidence remains a useful tool for proving confusion, and a competing...more

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

Zombie Trademarks - When is a "Dead" Mark Really Alive, and Able to Bite?

Earlier this month, Macy's won a ruling against a company that revives out-of-use, but well-known brands. Strategic Marks LLC is in the business of reviving abandoned brands, sometimes referred to as "zombie" brands, using...more

Nutter McClennen & Fish LLP

City Fitness Attempts to Exercise Service Mark Rights

In a decision dismissing plaintiffs’ claims of service mark infringement, the District of Massachusetts held that the plaintiffs’ transfer of “goodwill” in an asset purchase agreement also transferred plaintiffs’ rights to...more

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