News & Analysis as of

Likelihood of Confusion Unfair Competition

McDermott Will & Emery

RAW Confusion? No Error Where Trial Court Declines to Clarify Agreed Jury Instruction

The US Court of Appeals for the Seventh Circuit affirmed a district court’s jury verdict that found trade dress infringement and liability under state deceptive practices law, and the court’s order entering a nationwide...more

Womble Bond Dickinson

What in the [Meta]World?: Abitron Creates More Questions than Answers

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At a glance, a unanimous Supreme Court, holding that two provisions of the trademark-governing Lanham Act (15 U.S.C. §§ 1114(1)(a) and 1125(a)(1)) do not apply extraterritorially and extend only to alleged infringement in...more

Seyfarth Shaw LLP

UGG(H), My Business Needs to Change its Name –A Cautionary Tale for International Trademark Strategy

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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

McDermott Will & Emery

Lager Than Life: $56 Million Verdict in Beer Trademark Dispute Still on Tap

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit upheld a $56 million trial verdict in a trademark dispute, finding that the evidence supported the jury’s conclusion that a beer company’s rebranding of one its beers infringed a...more

Goodwin

Second Circuit Sees Eye to Eye With Warby Parker in Trademark Google Ads Dispute

Goodwin on

While it has become common practice to bid on or purchase a competitor’s trademark to use as a search engine keyword, there remains some confusion about when such practices create liability for trademark infringement....more

Erise IP

What’s Trending in Trademarks, May 2024: Taylor Swift Fans Analyze Latest Trademark Filing; San Francisco Sues Over San Francisco...

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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: Taylor...more

Lathrop GPM

Florida Federal Court Allows Franchisor’s Lanham Act and Breach of Contract Claims to Proceed

Lathrop GPM on

A federal court in Florida recently granted in part and denied in part a former franchisee’s motion to dismiss claims for breaching a post-termination noncompete agreement, trademark infringement, and unfair competition. CHHJ...more

Lewitt Hackman

Franchisor 101: Hunka, Hunka Confusion

Lewitt Hackman on

A federal district court in Florida denied a former moving and junk hauling franchisee’s motion to dismiss claims of trademark infringement and unfair competition by franchisor College Hunks Hauling Junk (“CHHJ”)....more

Womble Bond Dickinson

“Harbour” vs. “Harbor” - Trademark Infringement Allegations at the Center of California Dispute

Womble Bond Dickinson on

Lurline Bay LLC v. Harbor Classic LLC, Case No. 23-cv-05652 (C.D. California, July 13, 2023) - Recently, we wrote about a Chicago-area furniture retailer Darvin Furniture & Mattress suing e-commerce company Wayfair for...more

Dorsey & Whitney LLP

In the Eyes of the Law, Driving Simulation Games Are Works of Art

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Sometimes, the best place to determine whether a work qualifies as art is in a courtroom. In a recent decision, Judge John H. Chun of the District Court for the Western District of Washington found that a driving simulator...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Trademarks and Service

This week, the Ninth Circuit digs into the Lanham Act, addressing what happens when two businesses have a similar name and interpreting the statute’s provision for serving foreign registrants. ...more

Proskauer - Minding Your Business

Kardashian’s ‘SKKN by Kim’ Brand Facing Legal Uncertainty

Kim Kardashian has been hit with a lawsuit by New York-based Beauty Concepts LLC over Kardashian’s recently launched skincare line, “SKKN by Kim.” Beauty Concepts filed a complaint in the Eastern District of New York against...more

McDermott Will & Emery

Delay in Enforcing Trademark Measured from When Infringement Became Actionable

McDermott Will & Emery on

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

Dorsey & Whitney LLP

Trademark Bully or Meritorious Plaintiff? Taco John’s vs. Taco Chon

Dorsey & Whitney LLP on

A trademark infringement lawsuit filed in Minnesota by Taco John’s against Minnesota Mexican restaurant Taco Chon Mexican Grill is heating up in federal court and the court of public opinion. Taco John’s is a large restaurant...more

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

MarkIt to Market® - April 2021: Sole Mates (or Not) – Takeaways from Nike v. Satan Shoes

It was hard to escape news last month of the “Satan Shoes” collaboration between Lil Nas X and Brooklyn art collective MSCHF Product Studio (“MSCHF”). The limited (666 pairs) release of custom red and black Nike Air Max...more

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

MarkIt to Market® - April 2021

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

Hogan Lovells

Competitor of "Captain Iglo" can advertise with "best age" model against maritime backdrop

Hogan Lovells on

The Munich District Court I ruled by judgment of 3 December 2020 (17 HK O 5744/20) that an advertisement of a manufacturer of fish products with a handsome older model or "best ager" in front of a maritime backdrop was not a...more

Farrell Fritz, P.C.

Avoiding Confusion with the 8-Factor Test for Trademark Infringement

Farrell Fritz, P.C. on

Trademark registration is essential for small business owners who are looking to build and protect the brand within their community. But when a competitor opens up down the street with the same or similar name, trademark...more

Akerman LLP - Marks, Works & Secrets

Prior Use Under the Pan-American Convention

The United States is a party to the General Inter-American Convention for Trade Mark and Commercial Protection of Washington, 1929 (“Pan-American Convention”), along with Colombia, Cuba, Guatemala, Haiti, Honduras, Nicaragua,...more

McDermott Will & Emery

No Jury Trial for Trademark Infringement Claims

McDermott Will & Emery on

In finding a fair use defense and no “likelihood of confusion” in a cosmetics trademark infringement dispute, the US Court of Appeals for the 11th Circuit also considered, as an issue of first impression, whether the Seventh...more

Knobbe Martens

Van Cleef & Arpels v. Nice Ice Fine Jewelers

Knobbe Martens on

On January 30, 2019, the luxury jewelry suppliers Van Cleef & Arpels filed suit in the United States District Court for the Southern District of New York against Nice Ice Fine Jewelers, LLC (“Defendant”). Van Cleef & Arpels’...more

Knobbe Martens

Beyoncé vs. Feyoncé: Am I Totally Diluted, or Should I Put a Ring on It?

Knobbe Martens on

In April 2016, Beyoncé Knowles-Carter (known mononymously as “Beyoncé”) filed a trademark suit in the Southern District of New York against Feyonce, Inc., an online business that sells clothing, apparel, and assorted goods...more

Dorsey & Whitney LLP

FEYONCÉ: Poking the Beyhive

Dorsey & Whitney LLP on

You probably have a friend who’s justifiably obsessed with all things Beyoncé (this author might be that friend). You might also have a friend who’s engaged (a fiancé). When the two intersect, you’ve got a FEYONCÉ. Get it?...more

Knobbe Martens

Loves me not: Wholesale Jewelry, Inc. Hit with Infringement of Cartier Trademarks and LOVE Collection Trade Dress

Knobbe Martens on

On July 18, 2018 the well-known luxury goods company, Cartier International AG and Cartier, a division of Richemont North America Inc. (collectively, “Cartier” or “Plaintiffs”) filed suit in the United States District Court...more

McDermott Will & Emery

Lanham Act Cannot Be Used to Create “Species of Mutant Copyright Law”

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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

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