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Intellectual Property Litigation Trademark Litigation

Weintraub Tobin

(Podcast) The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration

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After nearly 30 years of litigation, a federal court has canceled General Cigar’s U.S. trademarks for COHIBA cigars — all because of a little-known treaty and a Cuban brand once favored by Fidel Castro. What does this mean...more

Weintraub Tobin

The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration

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After nearly 30 years of litigation, a federal court has canceled General Cigar’s U.S. trademarks for COHIBA cigars — all because of a little-known treaty and a Cuban brand once favored by Fidel Castro. What does this mean...more

McDermott Will & Emery

No Fairytale Ending for Consumer Opposition: RAPUNZEL Reinforces Lexmark Standing Limits

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The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s dismissal of a trademark opposition brought by a consumer, holding that mere consumer interest is insufficient to establish...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - May 2025 #4

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The former CEO of World Wrestling Entertainment Inc. has pushed back against efforts to force him to hand over documents relating to his alleged sexual misconduct and hush money payments in a class action over the company’s...more

Ervin Cohen & Jessup LLP

MGA Entertainment v. Harris: Despite $71M Judgment, Federal Court Declines to Enjoin Trade Dress Infringement, Revealing Limits to...

On April 15, 2025, after jurors found a line of dolls from the toymaker, MGA Entertainment, Inc. (“MGA”), infringed the trade dress rights of a pop group owned by music artists Clifford "T.I." Harris and Tameka "Tiny" Harris,...more

Kilpatrick

Arizona Court Rejects Armored Vehicle Manufacturer’s Advertising and Trademark Claims

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A recent Arizona district court decision reminds brand owners that bold accusations of false association and deceptive branding can quickly fall apart in the absence of certain key facts. In Armored Group LLC v. Lutzker, the...more

Gordon Rees Scully Mansukhani

First Sale Doctrine Limitations: Key Trademark Law Considerations for Businesses

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

Farella Braun + Martel LLP

In Limited Cases, Foreign Trademarks Can Affect U.S. Registration Rights

It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions in which they have registered (or, in some cases, used) the mark....more

Fenwick & West LLP

Ninth Circuit Prescribes New Hearing for Damages in AirDoctor Default Judgment

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The plaintiff AirDoctor sued the defendant under the Lanham Act for advertising and selling filters for use in AirDoctor purifiers. While the defendant advertised its filters as “compatible” and “replacements” for the...more

Felicello Law PC

What to Expect in a Copyright or Trademark Infringement Lawsuit

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No matter what type of business you are in, trademark and copyright law can have significant effects on success and growth of your business. Both of these areas of law provide important rights over the intellectual property...more

Proskauer - The Patent Playbook

Value and Risk of Overlapping Intellectual Property Protections

A well-orchestrated intellectual property strategy requires carefully and thoughtfully leveraging copyright, trademark, and patent laws, as highlighted by a recent decision handed down by the United Sates Court of Appeals for...more

Irwin IP LLP

Finding The Right Fit: The Test for Color Marks 

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In Re: PT Medisafe Technologies, No. 2023-1573 (Fed. Cir. April 29, 2025) - On April 29, 2025, the Federal Circuit adopted a test from the Trademark Trial and Appeal Board (“TTAB”) for determining whether a color mark is...more

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

When Surfboards and Superstars Collide: How to Avoid a Wipeout [or Mayhem]

Pop icon Lady Gaga is no stranger to making waves, but a new lawsuit initiated by California-based surfboard company Lost International (aka Lost Surfboards), shows that even superstars can find themselves navigating choppy...more

Weintraub Tobin

(Podcast) The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement

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Lady Gaga’s “Mayhem” tour has sparked legal trouble. In this episode of The Briefing, Scott Hervey and James Kachmar analyze a trademark infringement lawsuit filed by surf brand, Lost International, which claims Gaga’s use of...more

Fish & Richardson

Federal Circuit Finds Beer Trademark Application Nothing but "Chicken Scratch"

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In yet another recent example of the need for care in establishing a full record when appealing the denial of a trademark application, on April 14, 2025, the U.S. Court of Appeals for the Federal Circuit upheld the denial of...more

McDermott Will & Emery

Royal Play Penalty: No Standing in the End (Zone)

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The US Court of Appeals for the Federal Circuit dismissed an appeal from the Trademark Trial & Appeal Board, finding that the appellant lacked standing because it failed to allege any actual and particularized injury. Michael...more

Knobbe Martens

Fireball Frenzy: When First Registering a Mark, Genericness of a Mark Is Determined at the Time of Registration

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BULLSHINE DISTILLERY LLC v. SAZERAC BRANDS, LLC - Before Moore, Reyna and Taranto. Appeal from the Trademark Trial and Appeal Board. In assessing genericness, the TTAB considers how the mark was understood at the time of...more

International Lawyers Network

Beauty is in the Eye…Lash Extension: Beauty Salon’s Actions to Remove Two Trade Marks Dismissed by the Australian Trade Marks...

A recent trade mark stoush in the eyelash extension market highlights the importance of registering trade marks in all states of Australia, and ensuring that trade marks that intend to be used are registered as soon as...more

Weintraub Tobin

The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University

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Can HBO be sued over a T-shirt? Scott Hervey and Tara Sattler unpack Duke University’s beef with 'White Lotus' after a character wore a Duke tee on screen. Does this cross the legal line—or is it just creative expression?...more

McGlinchey Stafford

The #1 Reason to Register Your Trademark

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There are many valuable benefits of registering one’s trademark with the United States Patent and Trademark Office (USPTO). A cursory Internet search will yield dozens of articles on the “Top 10” or “Top 5” reasons to...more

McDermott Will & Emery

Opposers Beware: Your Own Mark May Not Be Protectable

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The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s dismissal of an opposition to the registration of the marks IVOTERS and IVOTERS.COM while also noting that the US Patent &...more

Troutman Pepper Locke

What Were the Cooler Wars? (Part 2) — No Infringement Intended Podcast

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In this episode, Austin Padgett and Rusty Close delve back into the ongoing legal battle known as the "Cooler Wars" between YETI and RTIC. In Part 2, they discuss the various intellectual property strategies YETI employed to...more

ArentFox Schiff

Ford Rears Bronco Head Against Vintage Modern for Trademark Infringement, False Advertising, and Unfair Competition

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Ford is seeking to stop an aftermarket restoration company from the alleged unauthorized use of the Bronco trademark and trade dress in connection with the rebuild of modern Ford Broncos. The case raises questions of whether...more

Knobbe Martens

Traffix Jam – Technical Functionality Prevents Trademark Protection for the Color Pink

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CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC - Before Lourie, Taranto, and Stark.  Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. A utility patent may still be considered strong...more

Knobbe Martens

Zoned Out: The Zone of Natural Expansion Doctrine Can Only Be Used Defensively

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DOLLAR FINANCIAL GROUP, INC. v. BRITTEX FINANCIAL, INC. [OPINION] - Before Prost, Taranto, and Hughes.  Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. The zone of natural...more

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