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Trademarks › Trade Dress › Trademark Infringement

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
ArentFox Schiff

Nike and BAPE Settle Trademark Infringement Lawsuit

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Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires...more

Baker Donelson

Ruling Affirmed: Redemption Diluted Bulleit's Bottle Design

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The Second Circuit issued a ruling on May 28, 2024, in a trade dress case, affirming the district court's decision that Redemption Whiskey diluted the trademark and trade dress rights of Bulleit Whiskey since Redemption's...more

Sheppard Mullin Richter & Hampton LLP

Divided 9th Circuit Says District Court Has Power to Adjudicate TM Applications

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In BBK Tobacco & Foods LLP v. Cent. Coast Agric., Inc., 97 F.4th 668 (9th Cir. 2024), the Ninth Circuit Court of Appeals held that federal district courts have power to adjudicate trademark applications pursuant to the Lanham...more

Dorsey & Whitney LLP

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

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40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

Lewis Roca

The IP of Everything Podcast - Episode 22 - The IP of Dog Toys

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Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large....more

Katten Muchin Rosenman LLP

Can Significant Sales Be the Fast Track to Trade Dress Protection? - Kattison Avenue/Katten Kattwalk | Issue 3

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When a retail brand has a consistent, unique look and seeks enforcement against a too-similar competitor or a brash counterfeiter, trade dress protection under the Lanham Act provides the muscle. But part of what makes trade...more

Womble Bond Dickinson

California Church Wins Permanent Injunction Prohibiting Wedding Venue From Using Church’s Distinctive Trade Dress For Chapel

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Wayfarers Chapel, a Rancho Palos Verdes church, sued Malibu wedding chapel Calamigos Ranch on trademark and trade dress infringement grounds, as well as unfair competition. Interestingly, Wayfarers Chapel alleged in their...more

McDermott Will & Emery

Parody of Iconic Sneaker Isn’t Entitled to Heightened First Amendment Protection

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The US Court of Appeals for the Second Circuit upheld a temporary restraining order and preliminary injunction enjoining use of a trademark and trade dress associated with an iconic sneaker design over a First Amendment...more

Womble Bond Dickinson

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and...

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Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more

Stark & Stark

Jack Daniels v. Bad Spaniels: Parody and First Amendment Protections Do Not Shield Users of Expressive Commercial...

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Seeing an opportunity to capitalize on comedic freedom of speech and parodistic liberties (think Weird Al Yankovic and Aqua’s Barbie Girl hit song), a pet toy maker decided to create a chewable, squeaky dog toy shaped like...more

Irwin IP LLP

“[It’s All Good, Man],” Says S.D.N.Y. to AMC  

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This week, the U.S. District Court for the Southern District of New York dismissed Liberty Tax Services’ suit alleging trademark and trade dress infringement, trademark dilution, and defamation against AMC for AMC’s use of...more

McDermott Will & Emery

Just How Similar Must Competing Marks Be to Survive Dismissal?

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After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the...more

Vondran Legal

Understanding the importance of Trade Dress Protection for your distinct and non-functional product designs and packaging

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What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more

McDermott Will & Emery

Watermelon Sugar: Candy Shape and Color Deemed Functional

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The US Court of Appeals for the Third Circuit upheld a district court’s decision that a candymaker cannot trademark the shape and colors of watermelon candy, finding that the combined colors and shape of the candy are...more

ArentFox Schiff

Supreme Court Puts a Leash on Parody Defense in ‘BAD SPANIELS’ Trademark Infringement Case

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The US Supreme Court rejected First Amendment defenses raised by the maker of whiskey bottle-shaped dog chew toys branded BAD SPANIELS based on claims of trademark infringement and dilution of JACK DANIEL’S marks. ...more

International Lawyers Network

Is the Legal Test for Expressive Use of a Trademark on The Rocks? Jack Daniel’s Prevails at the Supreme Court

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The Bottom Line - The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use...more

WilmerHale

Supreme Court Miniseries: Zero Spoof Whiskey

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In the Public Interest is excited to present a miniseries examining notable decisions recently issued by the United States Supreme Court. The first episode in the miniseries welcomes WilmerHale Partner Thomas Saunders, who...more

Weintraub Tobin

Podcast - The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight

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The U.S. Supreme Court provided clarification on the application of the Rogers test in relation to Jack Daniels v. VIP Products. Scott Hervey and Jamie Lincenberg talk about this ruling on this episode of The Briefing by the...more

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

MarkIt to Market® - June 2023: News Flash: Trademark Infringement is No Laughing Matter

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The Bad Spaniels and MetaBirkin cases clarify that artistic expression is no foolproof defense to trademark infringement. Brand owners welcomed the decision the US Supreme Court rendered in Jack Daniel's Properties Inc....more

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

MarkIt to Market® - June 2023

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Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

Kaufman & Canoles

The Dog Days Are Over for Jack Daniel’s

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On June 8, 2023, brand owners breathed a sigh of relief with the Supreme Court’s unanimous ruling consistent with prior jurisprudence that potential infringers of a famous trademark are not precluded from liability by merely...more

Moritt Hock & Hamroff LLP

Supreme Court Limits The Parody Defense In Trademark Infringement Claims

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The U.S. Supreme Court, in a unanimous decision, vacated a decision by the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff’s trademark....more

Snell & Wilmer

Ninth Circuit Concludes Direct Copying Can Be Evidence of “Secondary Meaning” for Trade Dress Infringement 

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The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively,...more

Kohrman Jackson & Krantz LLP

Jack Daniels v. Bad Spaniels: Trademarks Triumphant Win Over The First Amendment Satirical Speech

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Whether you operate a large e-commerce company on Amazon, a specialized artisan store on Shopify or Etsy, or a local t-shirt company, all brands producing products resembling famous marks should consider the implications of...more

Miller Canfield

Bad Dog! SCOTUS Sides with Jack Daniel’s in Trademark Fight Over “Poop-Themed” Dog Toy

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The United States Supreme Court unanimously sided with Jack Daniel’s in a trademark infringement dispute with dog toy manufacturer VIP Products over a poop-themed, chewy dog toy, in Jack Daniel’s Properties, Inc. v. VIP...more

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