(Podcast) The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
(Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The IP of Everything Podcast - Episode 22 - The IP of Dog Toys
The Briefing: Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
Supreme Court Miniseries: Zero Spoof Whiskey
Podcast - The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
Podcast: The Briefing by the IP Law Blog - Mattel Isn’t Toying Around About Nicki Minaj Barbie-Que Chips
The Briefing by the IP Law Blog: Mattel Isn’t Toying Around About Nicki Minaj Barbie-Que Chips
Podcast: The Briefing by the IP Law Blog - 2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans
The Briefing by the IP Law Blog: 2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans
Podcast: The Briefing by the IP Law Blog - Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles
The Briefing by the IP Law Blog: Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles
Podcast: The Briefing by the IP Law Blog - Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update
The Briefing by the IP Law Blog: Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update
In the debut episode of The Upper Brand podcast, Mayer Brown attorneys Richard Assmus, Kristine Young, and Christa Cole delve into the evolving world of non-traditional trademarks—covering everything from colors and scents to...more
A recent federal court decision highlights the delicate balance between U.S. Food and Drug Administration (FDA) guidance and trade dress protections for drugs administered in a tablet or capsule form. Last month, a district...more
The battle over beauty “dupes” just got more interesting. In a major win for e.l.f. Cosmetics, a California federal judge ruled that its Lash ’N Roll mascara doesn’t infringe the trademarks and trade dress of Benefit...more
Pop star Katy Perry has successfully appealed a Federal Court ruling over the use of an Australian designer’s trade mark registration for the words KATIE PERRY. The recent decision by the Full Court of the Federal Court...more
Addressing this case for the third time, the US District Court for the District of Arizona found on remand that Jack Daniel’s was entitled to a permanent injunction after finding that VIP Products’ “Bad Spaniels” dog toy...more
School merch is big business. Students want sweats, mugs and the like to show they belong at the school. Alums want merch to show they went to the school. Other purchasers want merch as an aspirational statement, or to...more
When, if ever, is it okay to use a trademark in U.S. commerce that is identical to another company’s mark used outside the U.S.? Courts have struggled with this issue for years, and the U.S. Patent and Trademark Office...more
Many eyes were on the Nittany Lions this past year as sports pundits speculated The Pennsylvania State University (Penn State) would make it to the College Football National Championship. But those with an interest in...more
A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States. Deckers Outdoor Corporation, a US-based shoe company, filed a lawsuit against the...more
Conventional notions of trademark law suggest that emulating a popular product or service carries certain legal risks. However, a recent federal ruling highlights the complexities of trademark infringement cases involving...more
In August, Vans, a globally-known footwear and apparel company, and MSCHF, a Brooklyn-based art collective, settled their trademark and trade dress dispute, entering an agreement that permanently enjoins and restrains MSCHF...more
In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No...more
Businesses use several advertising tactics. Most are clearly presented to potential consumers in traditional ways such as text on a web page, posters, mailings, brochures, etc. Alternatively, some tactics to increase exposure...more
In a trademark case involving an incontestable registration, the US Court of Appeals for the First Circuit affirmed a district court ruling denying the registrant a preliminary injunction (PI) for failure to establish...more
Pennsylvania State University has secured wins on the field and in court this football season with a 10-1 football record (and likely a College Football Playoff berth), and a jury verdict in its favor in a lawsuit against...more
A jury determined Tuesday, November 20, that Vintage Brands willfully violated Penn State University's trademarks by selling merchandise featuring vintage Penn State logos. The jury also rejected Vintage Brands’ affirmative...more
This week, a Pennsylvania jury is hearing argument in a trial that will decide The Pennsylvania State University's trademark infringement claims against Vintage Brand, LLC, its affiliated company, and its owner. According to...more
The Court of Appeal has confirmed that the existence of a “crowded market” and any coexistence terms entered into by parties may be relevant factors in assessing likelihood of confusion. While the Lifestyle Equities v Royal...more
In the September 2022 issue of Kattison Avenue, we reported on a decision in the Southern District of New York dismissing claims by 1-800 Contacts, Inc. (1-800) against JAND, Inc., which does business as Warby Parker. The...more
In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches. While not precedent-breaking,...more
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third...more
This issue of Trademark Insight once again contains some noteworthy decisions from recent months. Of particular interest are the decisions on the legal concept of complex likelihood of confusion (komplexe Verwechslungsgefahr)...more
2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date....more
A core concept in trademark law that every startup founder should understand is “likelihood of confusion.” This legal standard plays a pivotal role in both trademark registration and enforcement. It’s essential for protecting...more
Nike recently filed suit in Federal Court in the Southern District of New York claiming trademark infringement and unfair competition by its former licensee, S2, Inc., owned by a popular shoe customizer named Dominic...more