News & Analysis as of

Trademark Litigation

Has Fox’s “Empire” Ended the Battle? Ninth Circuit Expands Scope of Permissible Promotion of Expressive Works

by Dorsey & Whitney LLP on

On the day after the airing of “Fortune Be Not Crost,” the sixth episode of season four of Fox’s popular show “Empire,” Fox had some good fortune of its own when the Ninth Circuit Court of Appeals affirmed a declaratory...more

The World In U.S. Courts - Fall 2017

FSIA Does Not Exempt US Bank from Subpoena for Production of Records of Accounts Maintained by Central Bank of Nigeria - The World in U.S. Courts: Fall 2017 - Foreign Sovereign Immunity Act (FSIA)/Political Question Doctrine....more

Will the Small Hotel Knock the Gym Out of its Space?

The Equinox Hotel Management, Inc. (“Equinox Hotels”) sued the Manhattan upscale gym giant, Equinox Holdings Inc. (“Equinox Gyms”), asking a federal judge in California to block the gym from expanding into hotels. Equinox...more

Intellectual Property Law Series: Common Trademark Pitfalls Even the Pros Make

We’ve all heard of trademarks. But, what exactly do they do? And how do you select your trademarks, protect them, and then properly use them in commerce?...more

Federally Registered Service Marks Get College Credit

by McDermott Will & Emery on

The US Court of Appeals for the 11th Circuit concluded that in the context of federally registered service marks (as opposed to common law trademarks), the trademark owner’s first use of its marks on goods was not...more

Extrinsic Evidence May Not Be Used To Distinguish the Commercial Impressions of Marks In An Ex Parte Likelihood-of-Confusion...

In a non-precedential opinion, the Federal Circuit affirmed that in an ex parte proceeding, when analyzing the likelihood of confusion between a registered and an applied-for mark, evidence extrinsic to the application and...more

Just Like Grandma Used to Infringe: Trademark Battle Sparks Over “Nana”

by Reed Smith on

Granny can’t catch a break. In the food and beverage industry, “NANA”-formative trademarks are plentiful. However, the owner of several such marks has overstepped its bounds, asserts Nana Joe’s LLC in its complaint filed...more

Good News for Game Developers: Court Extends Protections for Using Others’ Trademarks in the Advertising of Artistic Works

by Fenwick & West LLP on

In a move that will likely benefit game developers, the U.S. Court of Appeals for the Ninth Circuit explicitly held that First Amendment protection extends to use of third-party trademarks in the commercial promotion of an...more

Europe – General Court: EUTM revocation action takes the biscuit

by Hogan Lovells on

(Judgments of 23 October 2017 in Cases T-404/16 and T-418/16 – Galletas Gullón SA (Gullón) v EUIPO) - The General Court has recently overturned two EUIPO Board of Appeal decisions which deemed Gullón’s marks as used to be...more

Coachella vs. Filmchella

by Fox Rothschild LLP on

The Coachella/Filmchella trademark infringement case continues to heat up. Last month, my colleague Megan Center wrote a blog post about the preliminary injunction granted by the Central District of California to the...more

Threat of TTAB Cancellation Proceeding Insufficient To Establish Case or Controversy

The District of Maryland ruled that the mere threat of a TTAB cancellation proceeding is not sufficient to create a case or controversy to allow the trademark owner to bring a declaratory judgment action for trademark...more

Would Glue Maker’s Trademark Claim Stick Against Pot Strain

by Weintraub Tobin on

According to cannabis folklore, cannabis cultivators in 2010, Josey Whales and Lone Watie created a strain of marijuana that was so sticky, Mr. Whales, during a phone call, commented that the plant made his hands “stick to...more

Celebrity Chef Sued By Certification Organization Over “Gluten-Free” Labelling

by Reed Smith on

Last month, gluten intolerance advocacy group Gluten Intolerance Group (“GIG”) sued celebrity chef Jamie Oliver for trademark infringement and unfair business practices under the Lanham Act and state consumer protection laws...more

Is the Reproduction of a Branded Product in a Depiction of Real Life an Infringement?

AM General LLC, maker of HUMVEE®-branded vehicles, has sued Activision Blizzard, Inc., Activision Publishing, Inc., and Major League Gaming Corp. in the Southern District of New York for using AM General’s trademarks and...more

Use of Green and Yellow for Agricultural Equipment Infringes and Dilutes Deere’s Trade Dress Rights

Deere & Company has for more than 100 years sold a wide variety of agricultural, forestry, lawn, and garden equipment. Nearly all its agricultural equipment is painted green and yellow, and Deere owns several registered...more

Jay-Z Pleads Court to Remove Him from the Spotlight

by Robins Kaplan LLP on

Jay-Z does not want to be in the spotlight- at least not the spotlight of a New York federal judge. This past April, the hip-hop tycoon and Roc Nation, Jay-Z’s entertainment company, were sued by Iconix Brand Group, Inc....more

Ka-pow! 9th Circuit Finds Social Media Gag Order Unconstitutional in COMIC CON Trademark Dispute

by Reed Smith on

In a previous post, we analyzed the battle over the trademark COMIC CON, which is owned by the San Diego Comic Convention (SDCC) but has been used by over 100 other comic book convention organizers. SDCC brought suit against...more

Is it Pretty? Will H&M Assert a “Classixx” Ornamental Defense to Claims of Trademark Infringement?

by Knobbe Martens on

On October 19, 2017 Hush Hush Sound Inc, Michael David, and Tyler Blake (collectively “Plaintiffs”) also known as the Electronic dance music duo “Classixx” filed suit in the District Court for the Central District of...more

But We Had A Deal: Consent Agreement Cannot Overcome Likelihood Of Confusion Finding

by Orrick - IP Landscape on

Order Affirming Refusal of Registration, In re 8-Brewing LLC, T.T.A.B. (October 30, 2017) - Trademark applicants know the familiar sinking feeling when their clearance search turns up a potentially conflicting mark...more

Unlicensed Use of a Festival Name May Result in a Not-So-Festive Trademark Lawsuit

by Knobbe Martens on

Music festivals, film festivals, food festivals….festivals are popular venues for entertainment and each festival strives to offer the consumer a unique experience. Of course, at most festivals, clothes must be (or should be)...more

Gucci: The Other Stripe Mark

Normally when we talk about stripes trademarks, we’re talking about iconic sportswear brand adidas. An avid litigant with respect to use of “three stripe” designs on footwear and clothing, adidas is a regular feature here at...more

Food & Beverage Litigation Update | November 2017

NOSB Votes to Continue Allowing Hydroponics - The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a...more

It’s A Bird, It’s A Plane, It’s Dilution By Blurring: TTAB Sustains DC Comics’ Opposition Against Application For Super Woman Of...

by Ladas & Parry LLP on

In a non-precedential decision in DC Comics v Deanna Rivetti (Opposition 91219851, August 17 2017), the Trademark Trial and Appeal Board (TTAB) sustained an opposition to the registration of Application Number 86240703 for...more

“I Can” And “I Will” File A Lawsuit

by Fox Rothschild LLP on

Earlier this week, Under Armour filed a declaratory judgment action in Maryland federal court against Battle Fashions Inc. and Kelsey Battle seeking an order that Under Armour is not infringing any of Battle Fashion’s...more

Court Says Trademark Litigant Must Produce Documents Held By Foreign Subsidiary

Republic Technologies (NA), LLC owns the trademark OCB for roll-your-own cigarette paper. HBI International sells competing cigarette paper under the trademark RAW. In March 2016, Republic filed a declaratory judgment action...more

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