News & Analysis as of

Unfair Competition Trademark Infringement

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

Hogan Lovells

China’s revised AUCL takes effect: Advancing IP protection and fair competition in the digital economy

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China’s third amendment to the Anti-Unfair Competition Law (AUCL) ), which takes effect today, October 15, 2025, marks an important shift in IP enforcement using the AUCL, especially in the digital space. ...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

Lathrop GPM

Virginia Federal Court Enters Unopposed Default Judgment Against 7-Eleven Franchisee

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A federal court in Virginia recently entered default judgment in favor of 7-Eleven, Inc. against a former franchisee, Sisara LLC. 7-Eleven, Inc. v. Sisara, LLC, 2025 WL 2453804 (W.D. Va. Aug. 26, 2025)....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

Lerman Senter PLLC

MLB Postseason and World Series Broadcasts and Promotions

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The Major League Baseball (MLB) Postseason is underway, and the World Series will start on October 24, 2025. Radio and television stations may want to conduct or participate in promotions that are tied to the baseball...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

Fifth Circuit untangles damages in trademark battle

The US Court of Appeals for the Fifth Circuit reinstated a jury’s lost profits and breach damages awards that the district court set aside during post-trial proceedings, finding that sufficient evidence supported the awards....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

Holland & Knight LLP

Cuando la marca viaja en turista y sin registro

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En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés conversa con Danilo Romero, socio del área de propiedad intelectual y derecho de la competencia, sobre la importancia de proteger las marcas a nivel internacional....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

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

Offit Kurman on

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

Kohrman Jackson & Krantz LLP

Our Value is Brand Value

In today’s ecommerce-driven economy, brand owners face a relentless challenge: unauthorized resellers who flood online marketplaces with products that undermine brand value, confuse consumers and compromise quality standards....more

Lewitt Hackman

Franchisee 101: Franchisee’s Milkshake Brings All Claims to the Yard

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A Texas federal court granted American Dairy Queen Corporation’s motion for partial summary judgment against a terminated franchisee, finding no dispute to the material facts establishing the franchisee’s material breach of...more

Fitch, Even, Tabin & Flannery LLP

The Federal Circuit takes on Kisses, Sunlight, and Soft Drinks

An application for a US trademark may be rejected if it is likely, when used on or in connection with the goods of the applicant, to cause confusion with another registered mark. On July 23, in Sunkist Growers, Inc. v....more

Farella Braun + Martel LLP

To Catch A Fashion Thief: Trend Chasing or IP Infringement?

Fighting knock-offs in the fashion industry is notoriously difficult. Copyright, trademark, and trade dress laws offer some protection for branding and marketing materials used to sell fashion products, as well as for...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

Jaburg Wilk

What Is a Trademark? Understanding the Basics

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A trademark is a word, phrase, symbol, or design—or a combination of these—that identifies and distinguishes the source of goods or services of one party from those of others. Essentially, a trademark is your brand’s identity...more

Womble Bond Dickinson

Snack Wars: Mondelez Challenges Aldi’s Packaging Design Strategy in Trademark Infringement Lawsuit

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The Aldi supermarket chain has built a loyal and growing following—Aldi is on pace to open more than 225 new stores this year and promotes itself as a lower-cost alternative to traditional brands.  Aldi has previously used...more

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

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Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more

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