News & Analysis as of

Unfair Competition Trademarks

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

Foster Swift Collins & Smith

When the Dough Rises Too Close to Home - A Hypothetical Trademark Story

The following is a hypothetical story meant for general educational purposes and is not based on any real-life business or dispute. Readers should consult an attorney prior to taking action to determine how this information...more

Mayer Brown

Navigating the Gray-Market Landscape

Mayer Brown on

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

Dorsey & Whitney LLP

Trader Joe’s Bags A Victory At The Ninth Circuit

Dorsey & Whitney LLP on

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

Kilpatrick on

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

Lerman Senter PLLC on

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?

Felicello Law PC on

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

Quarles & Brady LLP

Universities Battle Over Logos in Recently Filed Trademark Lawsuit

Quarles & Brady LLP on

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

Jackson Walker on

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

The GOAT Dispute: A Spirited Defense Against ‘Trademark Bullying’ or Savvy Enforcement Strategy in the Age of E-Commerce?

BakerHostetler on

Does the sale of promotional clothing products turn a vodka and bourbon company into a fashion retailer? How much weight should be given to overlap in “channels of trade” when two companies sell certain products online but...more

A&O Shearman

Zooming in on AI: Tackling deepfakes around the world

A&O Shearman on

Deepfakes (also known as digital replicas) are created when sophisticated AI technology generates or alters audio-visual content to misrepresent someone or something. Often a person's voice or appearance is digitally...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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?

Dorsey & Whitney LLP on

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

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

Katten Muchin Rosenman LLP

Beige Battle: Social Media Influencers Settle Dispute Over Minimalist Brand Identity - The Katten Kattwalk | Issue 29

On May 28, two "frenemy" social media influencers informed a federal court in Texas that they had settled a lawsuit in which one of them accused the other of infringing on her copyrighted social media posts on Instagram 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

Jaburg Wilk

What Is a Trademark? Understanding the Basics

Jaburg Wilk on

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

Vondran Legal

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

Vondran Legal on

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

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

Ropes & Gray LLP on

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

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

Seyfarth Shaw LLP on

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

Greenberg Glusker LLP

[Webinar] AI Meets IP: Navigating Legal Minefields in the Age of Artificial Intelligence - June 24th, 2:00 pm - 3:00 pm PDT

Greenberg Glusker LLP on

As artificial intelligence continues to transform creative industries, the legal landscape is racing to catch up. Join entertainment attorney Sky Moore for a discussion on the key intellectual property, licensing, and...more

Loeb & Loeb LLP

Enos v. The Walt Disney Company

Loeb & Loeb LLP on

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

Kilpatrick on

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

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

203 Results
 / 
View per page
Page: of 9

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide