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Intellectual Property Protection › Secondary Meaning

McDermott Will & Emery

Case Closed: OpenAI Prevails on Secondary Meaning

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of a preliminary injunction (PI) in a trademark action under the Lanham Act, stating that the district court’s ruling was not clearly erroneous...more

McDermott Will & Emery

Chill Out: Request for Profit Disgorgement Isn’t Entitled to Jury Trial

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed a district court ruling that a plaintiff was not entitled to a jury trial regarding its trade dress infringement claim and that the plaintiff failed to prove that its...more

Weintraub Tobin

The Briefing by the IP Law Blog: Sushi Restaurants Battle for Control over Hand Roll Trademark

Weintraub Tobin on

Sushi Nozawa, LLC, owner of the popular sushi destination Sugarfish, is challenging the HRB Experience LLC over use of the term “Hand Roll Bar.” IP Attorneys Scott Hervey and Josh Escovedo discuss the lawsuit, including...more

Ballard Spahr LLP

What’s "Kicking" at the ITC – the All Star Sneaker Battle

Ballard Spahr LLP on

One of the biggest trademark cases in 2018 addressed the issue of secondary meaning in product design—specifically, Converse’s rights in its signature Chuck Taylor® All Star® shoe. In Converse v. ITC, the Federal Circuit...more

McDermott Will & Emery

Trademark Owner’s Fate Sealed Tight After Finding of Fraud on PTO

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Addressing the issue of collateral estoppel, the US Court of Appeals for the Eighth Circuit upheld a ruling dismissing a trademark owner’s second infringement lawsuit against the same defendant after a finding that the...more

Akin Gump Strauss Hauer & Feld LLP

The Federal Circuit Vacates and Remands An International Trade Commission Final Determination in A Trademark-Based Investigation

Akin Gump Strauss Hauer & Feld LLP on

• The Federal Circuit issued a rare precedential decision in an appeal from a trademark- and trade dress-based ITC investigation. • In its decision, the Federal Circuit reiterated that the act of trademark registration does...more

Hogan Lovells

Federal Circuit revives Converse’s Chuck Taylor trademark and infringement claims

Hogan Lovells on

In a recent decision that illustrates the relevance of timing in evaluating the question of secondary meaning, the Court of Appeals of the Federal Circuit breathed new life into Converse’s “Chuck Taylor” sneaker design...more

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