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Trademark Litigation IP License

Weintraub Tobin

The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured Podcast)

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In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott...more

Weintraub Tobin

The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured)

Weintraub Tobin on

In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott...more

Lathrop GPM

Licensor’s Fraud and Lanham Act Claims Survive Motion to Dismiss in Pennsylvania Federal Court

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A federal court in Pennsylvania granted in part and denied in part a licensee’s motion to dismiss the licensor’s breach of contract, fraud, and Lanham Acts claims. Westbrook Monster Mix Co. v. Easy Gardener Prods., Inc., 2024...more

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

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

Smart & Biggar

False alarm: the risks of groundless online takedown complaints

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Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated...more

Smart & Biggar

Five New Year resolutions for trademark owners in 2024

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Trying some healthy habits in 2024? Your trademarks want you to do the same! A trademark has value when it is distinct and enforceable. Even registered marks can lose value if proper “trademark hygiene” is not followed...more

Perkins Coie

Recent Rulings in AI Copyright Lawsuits Shed Some Light, but Leave Many Questions

Perkins Coie on

The last few months have seen a flurry of activity in cases involving artificial intelligence (AI), including some of the first major rulings involving generative AI. Andersen et al. v. Stability AI Ltd. As we have...more

Weintraub Tobin

Podcast: The Briefing - How to Avoid Bearing The Risks of A Naked License

Weintraub Tobin on

In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott...more

Weintraub Tobin

The Briefing: How to Avoid Bearing The Risks of A Naked License

Weintraub Tobin on

In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott...more

McDermott Will & Emery

Back to the Future: Prior Third-Party Settlement Doesn’t Impact Future Trademark Licensees

The US Court of Appeals for the Eleventh Circuit ruled that under certain circumstances a trademark licensee can bring a claim against a third party for unfair competition under the Lanham Act even if the licensing agreement...more

Woods Rogers

College Product Licensing in Danger?

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Product licensing at the academic level is a great source of revenue for colleges and universities. A recent trademark case could have real world implications on its continued viability. PSU’s Trademark Infringement Lawsuit...more

AEON Law

Patent Poetry: Trademark Board Rules 100% for Lizzo

AEON Law on

“File:200126 Lizzo on the 2020 Grammys Red Carpet.png” by Cosmopolitan UK is licensed under CC BY 3.0. The Trademark Trial and Appeal Board (TTAB) has approved the trademark registration of“100% THAT BITCH” by the musical...more

Dorsey & Whitney LLP

Journey’s Trademark Squabble - Who’s Crying Now?

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When Journey was inducted into the Rock and Roll Hall of Fame in 2017, Steve Perry was ranked 76th on Rolling Stone’s “100 Greatest Singers of All Time.” Arguably, many Journey fans view the front man and his voice as the...more

Dorsey & Whitney LLP

Look What You Made Her Do: Taylor Swift Brings Her Own Lawsuit Against Evermore Park

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In December 2020, Taylor Swift released her ninth studio album, Evermore. The album came as somewhat of a surprise, following the release of her eighth album, Folklore, by only 5 months. Evermore sold over 1 million copies in...more

Dorsey & Whitney LLP

What’s in a Name? Influencer Trademark Name Disputes Provide Lessons for the New Year on Clarity in Agreements

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Many industries were negatively impacted by the pandemic in 2020, but one industry that continues to grow is the influencer marketing industry. The influencer marketing model typically involves agreements between companies...more

Dunlap Bennett & Ludwig PLLC

Land O’Lawsuit: Dairy Enterprise Sued for Breach of Contract

With the holiday season upon us and winter quickly approaching, people are trading in lighter dishes for heavier, heartier meals. At the center of these dishes are butter and cream, and at the center of a new lawsuit is a...more

Dorsey & Whitney LLP

Jack Daniel’s Seeks “Relief” from Supreme Court Following Spat with Dog Toy Creator

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Is humor protected speech? Although the answer might seem like an obvious yes, a dog toy maker’s Jack Daniel’s bottle lookalike dog chew toy with poopy puns blurs the line between freedom of expression and the protection of...more

ArentFox Schiff

It’s War: Humvee Takes On Activision Over Call of Duty Video Game

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AM General, LLC, owner of the intellectual property associated with the HUMVEE all-terrain military vehicle, has sued popular game maker Activision Blizzard, Inc. over the inclusion of HUMVEE intellectual property in the CALL...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Trademark - The World in U.S. Courts: Summer - Fall 2018

Claimed Use of US Trademark in Croatia Cannot Support Lanham Act Claim Where No Effect on US Commerce Shown - Adria MM Productions, Ltd. v. Worldwide Entertainment Group, Inc., US District Court for the Southern District...more

WilmerHale

Copyright and Trademark Case Review: John Madden Football, Rhett Butler and the Commerce Clause

WilmerHale on

Copyright Opinions - Absence of Source Code for Video Games Results in JMOL of Non-Infringement: Antonick v. Electronic Arts, Inc., No. 14-15298 (9th Cir. Nov. 22, 2016). Hurwitz, J. In a suit for royalties on EA's...more

Dorsey & Whitney LLP

An IP Lesson from Bikini Bottom: What SpongeBob Teaches Us about Trademark Licensing and Liability

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It turns out that SpongeBob Squarepants is more than just an absorbent, yellow and porous cartoon character who lives in a pineapple under the sea. He can also teach us an important lesson about trademark licensing and...more

Foley Hoag LLP - Trademark, Copyright &...

Sue-per Bowl Shuffle 2014: The Year in NFL-Related Intellectual Property Litigation

Heading into this year’s Super Bowl party season, there are two things every lawyer should be concerned about. First, why can’t your team get it together? Second, what do you do if you are asked to explain to your friends and...more

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