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Unfair Competition Lanham Act

Dorsey & Whitney LLP

Ninth Circuit Revives Trademark Dispute After Monster Energy Refused to Throw in the Towel

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The Ninth Circuit recently revived Monster Energy Company’s (“Monster Energy”) trademark and trade dress dispute against a company that markets camping equipment under the mark 4MONSTER. Monster Energy owns the well-known...more

Mayer Brown

Navigating the Gray-Market Landscape

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Gray-market goods, also known as parallel imports, are genuine products imported into the United States without the consent of the US trademark owner, often bypassing authorized distribution channels. This Legal Update...more

Offit Kurman

Neil Young and Backing Band Hit Like a Hurricane, Sued for Trademark Infringement by Luxury Jewelry Brand

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Luxury jewelry and apparel brand, Chrome Hearts, LLC has filed a lawsuit against rock legend Neil Young and his current backing band, the Chrome Hearts, in the Central District of California, alleging that both the backing...more

Dorsey & Whitney LLP

Trader Joe’s Bags A Victory At The Ninth Circuit

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Last year we reported on the Trader Joe’s labor union’s success in dismissing a trademark infringement action that Trader Joe’s had filed against the union, Trader Joe’s United, in the Central District of California. ...more

Kilpatrick

5 Key Takeaways Recent Developments in US Trademark Unfair Competition Law

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Kilpatrick partner Ted Davis spoke recently on recent developments in U.S. trademark and unfair competition law during a webinar of the Cincinnati Intellectual Property Law Association....more

Felicello Law PC

Protecting Your Trademark — Is it always good for business?

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You may have seen the headlines over the summer that lululemon sued Costco for trademark infringement because Costco has been selling clothing that bears a striking resemblance to lululemon clothing. Your first thought might...more

McDermott Will & Schulte

Solidarity: Union’s commercial use may be Lanham Act violation

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal of a Lanham Act action, finding that this case was not the rare instance where there was no plausible likelihood that a...more

Quarles & Brady LLP

Universities Battle Over Logos in Recently Filed Trademark Lawsuit

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On August 8, 2025, Baylor University filed a federal lawsuit against Boston University alleging trademark infringement and unfair competition over Boston University’s use of an interlocking BU design....more

Jackson Walker

Fifth Circuit Clarifies Limits of Trademark Co-Ownership – and Reminds Brand Partners, “DON’T WALK AWAY” from Written Agreements

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When it comes to trademark co-ownership, the Fifth Circuit’s recent decision in Reed v. Marshall, 142 F.4th 338 (5th Cir. 2025), hits a familiar note: DON’T WALK AWAY without a clear contract. The case, featuring the R&B...more

BakerHostetler

Battle of the BUs: Baylor University Challenges Boston University’s Use of Interlocking ‘BU’ Design Mark

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What happens when a decades-old trademark agreement collides with modern branding strategies? Baylor University has sued Boston University over the use of an interlocking “BU” logo, reigniting a dispute that traces back to a...more

IMS Legal Strategies

Best Practices for Materiality Surveys in False or Deceptive Advertising Cases

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This article provides an overview of materiality’s important role in false and deceptive advertising law, centered around the role of consumer surveys. It explains the legal requirements for materiality under different...more

Troutman Pepper Locke

Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast

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In this episode, Austin Padgett and Rusty Close venture into the dynamic world of guitar pedals, focusing on the iconic Klon Centaur and its creator's legal showdown with Behringer's Centaur Overdrive. While many Klon...more

Loeb & Loeb LLP

Hara v. Netflix, Inc.

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Ninth Circuit affirms dismissal of Lanham Act claims regarding use of drag queen Vicky Vox’s image and likeness in animated Netflix show and teaser trailer, holding, under Rogers test, that use was artistically relevant to...more

Dorsey & Whitney LLP

When it Comes to the View, Will the Cubs Play Ball?

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Watching a Cubs game from a nearby rooftop sounds like an ideal afternoon.  At Wrigley Field, it became a business.  For years, rooftop owners near the stadium sold tickets, served food and drinks, and offered fans a unique...more

Offit Kurman

Voice Actors Clear Early Legal Hurdle in AI Cloning Suit

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Voice actors received a rare, if incomplete, victory against alleged AI infringers in a recent opinion from an SDNY judge in Lehrman v. Lovo, Inc. Voice actors Paul Lehrman and Linnea Sage filed an action against AI...more

McDermott Will & Schulte

Sound the alarm: Fourth Circuit affirms $190 million verdict based on deceptive trade practices

The US Court of Appeals for the Fourth Circuit affirmed a $190 million verdict based on deceptive trade practices, concluding that the district court performed well within its discretion in making the procedural ruling and...more

McDermott Will & Schulte

Don’t walk away: Trademark owner can’t bring infringement suit against co-owner

The US Court of Appeals for the Fifth Circuit upheld a district court’s summary judgment decision that a co-owner of a trademark cannot bring infringement or dilution claims under the Lanham Act against other co-owners or...more

Vondran Legal

Can You Register and Sell Trademarks Without Business Goodwill Attached? Short Answer, Probably Not.

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Legal Issue: Some people think you can just sell a trademark for profit. Sometimes these are called trademark farms where people will register a trademark only to sell it. Another situation arises where a company is...more

Seyfarth Shaw LLP

I Don’t Wanna Grow Up, I’m a What Kind of Kid?  Toys R Us Takes on Vape R Us in Trademark Battle

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I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company...more

Loeb & Loeb LLP

Enos v. The Walt Disney Company

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District court grants Disney’s motion for summary judgment, holding it did not infringe plaintiffs’ copyright in blue-eyed ukulele-playing turtle character, but rather independently created its own musical turtle character,...more

Kilpatrick

5 Key Takeaways | Recent Developments in US Trademark and Unfair Competition Law

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Kilpatrick partner Ted Davis spoke recently at the International Trademark Association’s annual meeting on recent developments in United States trademark and unfair competition law over the trailing twelve months....more

Gordon Rees Scully Mansukhani

First Sale Doctrine Limitations: Key Trademark Law Considerations for Businesses

Third-party infringers are finding new ways to sell unauthorized products and profit from doing so.  As one example, the third-party seller buys products in bulk from the product owner, receiving a cheaper rate due to bulk...more

McDermott Will & Schulte

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

McDermott Will & Schulte

Damages on Default Judgment Not Barred by Absence of Precise Amount in Complaint

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court decision, allowing collection of actual damages in a default judgment where the complaint only sought damages “in an amount to be determined...more

Herbert Smith Freehills Kramer

Trademark Damages: Supreme Court Rejects Disgorgement of Non-Defendant Affiliate Profits

The United States Supreme Court issued a unanimous decision in Dewberry Engineers Inc. v. Dewberry Group, Inc. on Feb. 26, 2025, clarifying the scope of damages available under the Lanham Act in trademark infringement cases....more

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