News & Analysis as of

Trademark Litigation

Have Christian Louboutin’s exclusive rights to red soles really been “kicked out” as some reports claim?

by Hogan Lovells on

The long-awaited Advocate General’s second opinion in Louboutin (C 163/16) was delivered in February. In a nutshell, Christian Louboutin sued Van Haren Schoenen BV for trade mark infringement in the Netherlands of its Benelux...more

Food & Beverage Litigation Update | March 2018 #3

USDA Withdraws Organic Livestock and Poultry Rule - The U.S. Department of Agriculture (USDA) has issued a final rule withdrawing the Organic Livestock and Poultry Practices Rule, leaving existing organic regulations in...more

What’s In a Name: The Bell’s v. Innovation Trademark Naming Dispute

Selecting a unique, memorable, and descriptive name for your next beer release is becoming a daunting task in the increasingly-crowded craft brewing landscape. ...more

“Love” Is Not Enough

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit upheld a dismissal of claims that the mark SHARE THE LOVE was likely to cause confusion with the mark A WORLD OF LOVE, FOR YOU AND THOSE YOU LOVE, because the marks, considered in...more

Update: PayPal v. Pandora Settlement

Last year I posted about the trademark infringement complaint by PayPal against Pandora, based on Pandora’s rebranded “P” logo that was introduced in October 2016. See a comparison below of PayPal’s blue “PP” design mark...more

Does Your Trademark Have Relevant Artistic Expression?

by Newmeyer & Dillion LLP on

Traditionally speaking, we think of a ‘trademark’ protected under the Lanham Act as a mark used to identify and distinguish a good or service from other goods and services on the market. But what if the purported ‘trademark’...more

adidas victorious again in defending its rights to the Three Stripes

by Hogan Lovells on

The General Court has once again upheld adidas’ oppositions against two copycat applications for two stripes positioned on a shoe. The two decisions issued on 1 March 2018 (in Cases T-629/16 and T-85/16) come as part of the...more

Throwing Shade: Upscale Manhattan Bar Calls Out “Basic” Would-be Infringer

by Reed Smith on

Not since Mariah Carey claimed “I don’t know her” about Jennifer Lopez has such supreme shade been thrown on public record. Filo Promotions owns a self-described “premier, well-appointed bar/lounge with a posh upscale...more

Unitary but toothless? – Limitations to jurisdiction over online EUTM infringements

by Hogan Lovells on

German Federal Court of Justice rules on the scope of jurisdiction of national courts - In an online context, IP infringement frequently occurs simultaneously in more than one country and so the flexibility to take action...more

Stone Brewing Fires The Shot Heard Round The Brewing World

by Weintraub Tobin on

The fight between craft brewers and Big Beer (i.e. MillerCoors & Budweiser) has been ongoing for years. Ever since craft beer came to prominence in the late ‘90s, it has been stealing Big Beer’s share of the marketplace. In...more

EU IP rights enforcement: yet another jurisdiction conundrum heading to Luxembourg

by Hogan Lovells on

The CJEU has just been posed the following questions on the interpretation of Article 97(5) of the EU Trade Mark Regulation ((EC) No. 207/2009) by the English Court of Appeal....more

WIPO – No fan site for tribute band

by Hogan Lovells on

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a panel ordered the transfer of a domain name that exactly matched the name of a...more

Washington Redskins’ Us Trademark Registrations Reinstated By The Fourth Circuit

by Ladas & Parry LLP on

On January 18, 2018, the U.S. Court of Appeals for the Fourth Circuit reinstated the Washington Redskins’ federal trademark registrations originally cancelled by the Trademark Trials and Appeals Board (“TTAB”) in 2014 in...more

Discovery Sanctions Affirmed Despite Dwarfing Potential Value of Entire Case

In Klipsch v. ePRO, the Second Circuit affirmed discovery sanctions commensurate with the costs incurred by the moving party in addressing the sanctionable conduct ($2.68 million), as well as security for the sanctions,...more

Europe: The General Court agrees – it’s genuine!

by Hogan Lovells on

Judgment of 17 January 2018 in Case T-68/16 Deichmann v EUIPO – Munich - The General Court (GC) upheld the Board of Appeal’s (BoA) finding that evidence showing minor differences in a cross device nevertheless clearly...more

How Grumpy is Your Cat?

by Revision Legal on

Stone sculptures of jewelry-adorned cats dating back to at least 500 BC have been discovered in Egypt. Feline goddesses were recorded in texts dated thousands of years earlier. In 1888, a farmer in Egypt stumbled upon a tomb...more

IP Rights in Shining Armour

In the wake of high-profile victories for Under Armour, New Balance, and Michael Jordan, courts in China have signaled a willingness to move quickly and decisively against infringers, including issuing preliminary injunctive...more

Grumpy Cat still grumpy despite big copyright verdict

by Thompson Coburn LLP on

As the old saying goes, “If you mess with the bull, you get the horns.” And if you mess with the Grumpy Cat, or more specifically, if you exceed the scope of the IP license to use Grumpy Cat’s image and trademarks as...more

Tune Up: Initial Lessons from Gibson’s Most Recent Trade Dress Lawsuit

by Dorsey & Whitney LLP on

Shortly before Christmas 2017, Gibson Brands sued Funko, a maker of pop culture dolls, for trademark infringement relating to several of Funko’s figurines of famous musicians. Among the dolls named in the complaint are Slash...more

Starbucks rocks for first time in Luxembourg

by Hogan Lovells on

Judgment of the General Court, 16 January 2018 in case T-398/16, Starbucks Corp. vs EUIPO* In 2014, Starbucks opposed the below EUTM application seeking protection for “services for providing drinks“, services for which...more

Steering Away From Confusion: Despite Advisory Jury Finding, Court Rules No Infringement of DRIVEWISE Trademark

by Orrick - IP Landscape on

Findings of Fact and Conclusions of Law, Allstate Insurance Co. v. Kia Motors America Inc., C.D. Cal. (December 22, 2017) (Judge James Otero) - In a recent trademark infringement case, Judge James Otero of the Central...more

Food & Beverage Litigation Update | January 2018 #2

Organic Group Objects to Withdrawal of OLPP - A group of organic food producers, retailers and certifiers has published a full-page advertisement in The Washington Post containing the text of a letter to Secretary of...more

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

Going “Medieval” on Trademark Enforcement

by Bowditch & Dewey on

Who says trademark disputes can’t be fun? Well, plenty of people, but that’s beside the point. Anheuser Busch InBev recently showed that a serious legal message can be delivered in a humorous form....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

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