News & Analysis as of

Trademark Infringement

Twitter Flying Too Close to TWIT Mark With Video Content

Twitter, the social media giant, is being sued by its internet cousin, TWiT. TWiT, which initially stood for This Week in Tech, is a netcast network providing audio and video tech-related content. TWiT owns the registered...more

AD-ttorneys@law

by BakerHostetler on

Are you really trying to use Jedi mind tricks to sell merch? Fan Disservice? That’s the accusation leveled by Truth in Advertising Inc., which claims that Skywalker’s Hollywood avatar, Mark Hamill, took so long to...more

Creative Trademark Enforcement Part III: The Southern Hospitality Of Old No. 7

Over the past few years, we have seen numerous instances of companies protecting their trademarks in creative ways – approaches that leverage humor and the brands themselves in order to achieve an acceptable legal outcome...more

"Cry Havoc and Let Slip the Dogs of War"

by Fish & Richardson on

A recently filed lawsuit in Washington state provides some useful takeaways in the realm of brand protection for educational institutions. Gonzaga University is a small Catholic university in Spokane, Washington, counting...more

Top 10 Highlights of Canadian IP Law and Practice in 2017

by Smart & Biggar on

2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

Sail On: Former Commodores Guitarist Fails to Establish Rights in Band's Trademark

Who owns a band’s trademark when that band is composed of multiple people? And more importantly, what rights does a band member have in that trademark when they leave the band? Earlier this week, the Eleventh Circuit...more

Court Protects Louis Vuitton from Inability to Understand Obvious Joke

For the past several years, DuetsBlog has covered fashion house Louis Vuitton’s outlandish trademark “bullying” against law schools, dog toys, photographers, and movie studios. Most recently, we discussed the brand’s latest...more

International Trademark Law: Thoughts on Japan’s Post-Registration Opposition Proceedings

by Revision Legal on

Most nations with fully-developed trademark legal frameworks allow for opposition proceedings with regard to newly filed applications for trademarks. Most jurisdictions, like the United States, provide that opposition...more

Jury Finds Allstate’s DRIVEWISE Mark Infringed By Kia

On November 9, 2017, a nine-person jury in the Central District of California found Kia Motor Corp.’s high-tech “Drive Wise” vehicle add-ons were likely to cause confusion with Allstate Insurance Co.’s trademarked “Drivewise”...more

The Curious Case of Comic Con; Or is it Comic-Con?

by Workman Nydegger on

On Friday, December 8, 2017, a jury in San Diego, California found that Salt Lake Comic Con infringed the trademark of San Diego Comic-Con. The jury found, however, that the infringement was not willful and therefore awarded...more

Empire Strikes Back: First Amendment Protects TV Series Title

by McDermott Will & Emery on

Addressing the issue of trademark infringement specific to the title of an expressive work, the US Court of Appeals for the Ninth Circuit affirmed the district court’s conclusion that Twentieth Century Fox’s use of the name...more

Ruling In Lawsuit Over Fox’s Use Of “Empire” Extends Permitted Use Of Third-Party Trademarks

by Weintraub Tobin on

Did you ever wonder why some movies use fictional names for companies or sports teams? TV and movie producers intentionally avoid using brand or company names in order to avoid any potential of an entanglement with a...more

Distillations: Good Water, Bad Blood

by Fish & Richardson on

A recent trademark infringement case filed in federal court in Vermont illustrates the importance of thorough trademark searching and risk assessment, even for businesses with relatively local operations. Good Water...more

You Have Goat to be Kidding Me

Billie Goat Tavern & Grill in Chicago has sued St. Louis-based The Billie Goat Chip Company for trademark infringement, claiming the sale of Billie Goat Chips in Illinois and elsewhere is causing confusion with their tavern....more

Lessons in Trademarking Trade Dress: Apple vs. Samsung

by Revision Legal on

The long-running legal battle between Samsung and Apple over the shape of their respective smart phones provides some interesting lessons regarding trade dress law and how common law trade dress rights work...more

Cesari S.R.L. v. Peju Province Winery L.P.: Relying on Supreme Court Precedent, District Court Holds that Trademark Trial & Appeal...

Federal district courts continue to apply the Supreme Court’s ruling in B&B Hardware, Inc. v. Hargis Indus., Inc., 135 S.Ct. (2015) with unpredictable results. The latest such example comes from the Southern District of New...more

San Diego Smackdown, The Final Chapter?

by Fox Rothschild LLP on

The jury has spoken. After a saga worth of Homer, Comic-Con is a valid trademark. The battle began when, the organizers of San Diego Comic-Con (SDCC), the 50-year old grandaddy of fan conventions, sued the producers of...more

Three Point Shot - December 2017

by Proskauer Rose LLP on

Showdown over Mayweather – McGregor Streaming Glitches Knocked out of District Court - All boxing fan Victor Mallh ("Mallh" or "Plaintiff") wanted for the holidays this year was a chance to stand toe-to-toe with...more

Europe: Double victory for Coca-Cola – General Court stops free-riding from outside EU

by Hogan Lovells on

Judgment of 7 December 2017 in Case T-61/16 – The Coca-Cola Company v. EUIPO / Modern Industrial & Trading Investment Co. Ltd (Mitico)) - The General Court confirms that actual commercial use of an EUTM application can...more

Why Chinese Companies Need To Exercise Caution When Attending Trade Shows In The United States

by Tarter Krinsky & Drogin LLP on

Over the past few years, owners of U.S. patents and trademarks have used the appearance of Chinese companies at a trade show as infringement "traps." These patent owners have commenced infringement cases against Chinese...more

Trademarks in China: Some Similarities, Many Large Differences

by Revision Legal on

We wrote recently about registering trademarks in China and the importance of not getting “hustled” by trademark squatters. This is a follow-up article proving some additional information on the China system of registering...more

Preliminary Injunction Could Hinder Equinox Hotel Opening

by Reed Smith on

Luxury fitness chain Equinox recently announced that it will be debuting its first fitness-oriented hotel in New York City in 2019, with additional sites planned for Los Angeles and other major cities. Certainly aware of this...more

B&B Hardware Precludes Defense To Likelihood Of Confusion In District Court

In 2015, the Supreme Court, in its decision in B&B Hardware, Inc. v. Hargis Industries, Inc. (“B&B”), held that sometimes issue preclusion should apply to prior Trademark Trial and Appeal Board (“TTAB”) decisions. 135 S. Ct....more

Distillations: Sour Fruit of the B&B Hardware Vine

by Fish & Richardson on

Since the U.S. Supreme Court decided in B&B Hardware, Inc. v. Hargis Indus., Inc. that the decisions of the Trademark Trial & Appeal Board can be preclusive in later civil litigation, practitioners have been on the watch to...more

Copycats Fall Flat

by K&L Gates LLP on

It is a common belief in the fashion industry that China remains the "wild west" for intellectual property infringements and for enforcing intellectual property rights. Historically, even large and well-known international ...more

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