(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
The Fourth Circuit Court of Appeals recently issued a decision confirming that using similar names for businesses in the same industry can result in a likelihood of confusion despite the physical distance of the entities. In...more
The US Court of Appeals for the Fourth Circuit vacated a district court’s decision finding no infringement that focused on only the geographic distance between the physical locations of the two users without considering the...more
The US Court of Appeals for the Second Circuit affirmed a district court’s summary judgment denial and determination that the definition of “beer” (which encompassed “other versions and combinations” of beer and malt...more
In 2023, the Court of Appeals for the Federal Circuit issued three opinions regarding U.S. design patents. The three 2023 opinions are Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., LKQ...more
In a trademark infringement and breach of contract case involving real estate companies with a shared name, the US Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the trademark owner, including...more
Barbenheimer is a new term for consecutively watching the movies “Barbie” and “Oppenheimer.” In honor thereof, we present the Barbenheimer Legal Alert. Did you know Mattel sued, and lost, to stop the “Barbie Girl” song?...more
In a case between similarly named banks, the US Court of Appeals for the Tenth Circuit confirmed expert disclosure requirements, conducted a de novo likelihood of confusion analysis and ultimately upheld a finding of no...more
The US Court of Appeals for the Sixth Circuit reversed and remanded a summary judgment ruling, finding that there were genuine disputes of material fact regarding whether the plaintiff’s alleged trade dress was functional and...more
The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s summary judgment ruling finding no likelihood that consumers might be confused as to any relationship between competitors operating in...more
Addressing laches and progressive encroachment, the US Court of Appeals for the Eighth Circuit reversed and remanded a district court’s grant of summary judgment based on laches because the district court failed to “conduct a...more
Examining whether a registered mark and a domain name were confusingly similar under the Anti-Cybersquatting Consumer Protection Act (ACPA), the US Court of Appeals for the 11th Circuit affirmed the district court’s grant of...more
The US Court of Appeals for the 11th Circuit reversed a district court’s grant of summary judgment for the defendant on trade dress infringement and trade dress dilution claims, finding that evidence relating to the...more
Referring to the act of counterfeiting as “hard core” or “first degree” trademark infringement, the US Court of Appeals for the Ninth Circuit for the first time confirmed that the Lanham Act requires a likelihood of confusion...more
The US Court of Appeals for the 10th Circuit reversed a grant of summary judgment in favor of a company selling vaping accessories under the mark AFFLICTION, holding that the district court had erred in holding as a matter of...more
Addressing whether the name of a public school district’s summer reading program infringed upon an education services company’s trademarks related to a literacy incentive program, the US Court of Appeals for the Fifth Circuit...more
The US Court of Appeals for the Eighth Circuit affirmed a district court summary judgment finding that no evidence had been presented from which a jury could infer that consumers were likely to be confused. ZW USA, Inc. v....more
In an opinion concerning likelihood of confusion of a weak mark, the US Court of Appeals for the Fourth Circuit affirmed partial summary judgment in favor of a defendant in a trademark infringement case concerning hair care...more
The US Court of Appeals for the Ninth Circuit upheld a district court decision granting summary judgment to a defendant that its use of digital files did not infringe plaintiff’s trademark or trade dress for its CD-Gs...more
The US Court of Appeals for the Seventh Circuit affirmed a district court grant of summary judgment in favor of a defendant finding that a bag’s design and shape was functional because the claimed design features affect the...more
Addressing the application of the Sleekcraft likelihood-of-confusion factors in the context of a summary judgment motion, the US Court of Appeals for the Ninth Circuit reversed the district court’s grant of summary judgment,...more
Addressing the use of a certification mark in connection with information systems training, the US Court of Appeals for the Second Circuit reversed and remanded a district court grant of summary judgment for the defendants on...more
The US Supreme Court has denied certiorari for the Ninth Circuit decision in Multi Time Machine Inc (MTM) v Amazon.com Inc on February 29 2016, which held that Amazon did not infringe MTM’s trademark in its presentation of...more
The Second Circuit disagrees with sister circuits and rejects arguments that nominative fair use is an affirmative defense that is available even when confusion is likely and that the traditional nominative fair use analysis...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more