News & Analysis as of

Infringement Trademark Litigation

Fox Rothschild LLP

U.S. Supreme Court to Decide Disgorgement Damages Issue in Trademark Dispute

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Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for...more

Procopio, Cory, Hargreaves & Savitch LLP

Global Brand Protection and Anticounterfeiting

Smart product manufacturers invest in protecting their intellectual property rights. Preventing and addressing counterfeit and infringing products on an ongoing basis should be prioritized as a core function of their...more

Weintraub Tobin

Fashion Folly: Fendi and Marc Jacobs Face Roma in IP Battle

Weintraub Tobin on

Fashion houses Fendi and Marc Jacobs have been sued for trademark infringement in the United States District Court for the Central District of California by another clothing company known as Roma Costumes, Inc. According to...more

McDermott Will & Emery

Counterfeit Dealer Gets Smoked in Trademark Preliminary Injunction Proceeding

The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction barring the defendant from selling counterfeit e-cigarette and vaping products bearing the plaintiff’s logo because the plaintiff’s psychoactive...more

Katten Muchin Rosenman LLP

Trademark Infringement in the Metaverse: Nike Sues Online Resale Platform Alleging Infringing Use of Logo in StockX NFT - ...

In the 3D virtual world known as the metaverse, pioneering enterprises are exploring ways to capitalize on this new frontier's growing popularity. As expected, the use of company marks and brands is becoming an issue to...more

Faegre Drinker Biddle & Reath LLP

NFT Infringement: No Free Taking or New Fair Transformations?

Earlier this month sports apparel giant Nike sued StockX LLC, a Michigan-based sneaker and streetwear resale marketplace, for offering to its customers non-fungible tokens (NFTs) depicting Nike’s sneakers. The claims...more

Proskauer - New England IP Blog

Court Throws Out Back Massager Trade Dress Infringement Claims on Motion to Dismiss

As the first-filed paper in nearly any litigation, the complaint is typically subject to rigorous scrutiny from the named defendant to identify any flaws that may dispatch the case via a motion to dismiss. A plaintiff in the...more

McDermott Will & Emery

Supreme Court Finds Trademark Tacking to Be a Jury Question - Hana Financial, Inc. vs. Hana Bank, et. al.

McDermott Will & Emery on

The Supreme Court of the United States, in a unanimous decision stated that “because the tacking inquiry operates from the perspective of the ordinary purchaser or consumer, we hold that a jury should make this...more

Smith Anderson

Supreme Court Considers Impact of TTAB "Likelihood of Confusion" Finding on Trademark Infringement Litigation

Smith Anderson on

On December 2, 2014, the United States Supreme Court heard oral argument in B&B Hardware, Inc. v. Hargis Industries, Inc.. The question before the Supreme Court is how much deference, if any, a federal district court hearing...more

Knobbe Martens

Trademark Review | January 2015

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Diageo Enforces Trade Dress Rights in its CROWN ROYAL Drawstring Bag - Diageo owns a registration for the mark CROWN ROYAL for whiskey. Diageo has sold its CROWN ROYAL whiskey in a purple drawstring bag for many...more

Knobbe Martens

Supreme Court Rules on “Tacking” and District Court Distinguishes Dish Network from Aereo

Knobbe Martens on

Hana Financial, Inc. v. Hana Bank – What You Need to Know - Yesterday, the U.S. Supreme Court held that whether two trademarks may be tacked for purposes of determining priority is a question for the jury, because...more

Williams Mullen

Aviator Brewing Company Asks Court to Declare: MAD BEACH Beer Label Does Not Infringe California Brewery’s Beer Label

Williams Mullen on

On November 17, 2014, craft brewer Aviator Brewing Company filed an action in the United States District Court for the Eastern District of North Carolina, seeking a declaration from the Court that its MAD BEACH beer label...more

McDermott Will & Emery

Procedural Missteps Cause Fifth Circuit to Affirm Judgment, Fee Award

McDermott Will & Emery on

M2 Tech., Inc. v. M2 Software, Inc. - In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit held that a federal district court did not abuse its discretion in issuing a default judgment and fee...more

K&L Gates LLP

The Great Bottle Battle – Coke vs Pepsi

K&L Gates LLP on

On 28 November 2014, the Federal Court of Australia (Court) dismissed claims of trade mark infringement, misleading or deceptive conduct and passing off made by The Coca-Cola Company (Coke) against PepsiCo Inc, PepsiCo...more

McDermott Will & Emery

Holy Non-Infringement, Batman!

McDermott Will & Emery on

Fortres Grand Corporation v. Warner Bros. Entertainment Inc. - The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more

McDermott Will & Emery

Ninth Circuit Finds Permanent Injunction Questionable Despite Trademark Infringement

McDermott Will & Emery on

La Quinta Worldwide LLC v. Q.R.T.M., S.A. De C.V., dba Quinta Real - While affirming trademark infringement with respect to a Mexican hotel chain’s use of its trademark in the United States, the U.S. Court of Appeals...more

McDermott Will & Emery

Res judicata Does Not Bar Claims Arising After Prior Litigation, Even One Based on Similar Conduct

McDermott Will & Emery on

TechnoMarine SA v. Giftports Inc. - Addressing whether a prior litigation between the parties resolving claims of unfair competition bars subsequent suit over similar conduct occurring after settlement of the earlier...more

Foley Hoag LLP - Trademark, Copyright &...

“Big Chocolate” Gets Injunction Against Whack-A-Mole Senator; Trademark “Services” Include Political Activities

Last week, Judge William Quarles of the District of Maryland issued an injunction preventing Maryland Republican State Senator Steve Hershey from using his own campaign literature. The case was brought by the Hershey...more

Mintz - Trademark & Copyright Viewpoints

And Speaking of Foreign Trademark Filing Strategy: Tesla Motors is Sued in China for Trademark Infringment

Further to our recent post about the worldwide trademark trials and tribulations of Anheuser-Busch and its BUDWEISER trademark, we now report that the up-and-coming electric car manufacturer Tesla Motors Inc. has been sued...more

Nossaman LLP

Supreme Court To Decide Preclusive Effect of TTAB Decisions on Subsequent Court Actions

Nossaman LLP on

Last week the Supreme Court granted certiorari to determine whether decisions of the Trademark Trial and Appeals Board (TTAB) concerning likelihood of confusion preclude relitigating that issue in subsequent infringement...more

Proskauer Rose LLP

Three Point Shot - June 2014

Proskauer Rose LLP on

Federal Circuit Leaves Cobra Golf Co. in the Rough - It's dormie. On Eighteen. You're in great shape, having hit a solid drive, leaving yourself a fairway lie and a mid-iron into a back-right Sunday pin. Feeling good...more

Bracewell LLP

Supreme Court Grants Cert on Trademark "Tacking"

Bracewell LLP on

Last week, the Supreme Court of the United States granted a writ of certiorari in Hana Financial, Inc. v Hana Bank. The issue presented is whether trademark "tacking" is an issue of fact for a jury or an issue of law for the...more

K&L Gates LLP

That's "a Lot of Kebab"!

K&L Gates LLP on

The Full Federal Court of Australia (Court) has made its first award of 'additional damages' for trade mark infringement. This decision is promising news for trade mark owners, who can take encouragement from the Court's...more

BakerHostetler

Rising up from the Trenches: Ninth Circuit Broadly Interprets Breach of Contract Exclusion in Trademark Infringement Case

BakerHostetler on

On May 23, 2014, the Ninth Circuit upheld a California district court decision that broadly interpreted the breach of contract exclusion in a commercial general liability policy to preclude coverage for all personal and...more

Womble Bond Dickinson

H&R Block Seeks to Enforce “Peace of Mind” Trademark Against Fast Cash Taxes, LLC

Womble Bond Dickinson on

On March 28, 2014, HRB Innovations, Inc. (“HRBI”) of Las Vegas, Nevada, and HRB Tax Group, Inc. (“HRBTG”) of Kansas City, Missouri, filed a complaint against Fast Cash Taxes, LLC (“FCT”) of Doraville, Georgia and Gregory A....more

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