Join Sterne Kessler’s Global Trademark & Brand Protection team for our mid-year review webinar, when we will take a closer look at the latest developments in trademark law. From recent court decisions to industry-trends, our...more
In 2006, rock band OK Go released a music video for their song “Here It Goes Again,” which featured the band members running back and forth on four treadmills set up side-by-side in what looks like an unfinished basement. The...more
Thank you for reading the January 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark dispute between the band OK Go and cereal company Post, how to stay vigilant about...more
Addressing for the first time whether the Supreme Court of the United States’ recent decision in United States v. Arthrex, Inc. also applied to the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the...more
Rapper and actor Ice Cube sued the online trading platform Robinhood alleging false association, misappropriation of publicity rights, and unfair competition based on Robinhood’s use of Ice Cube’s image and a paraphrased...more
The Fourth Circuit recently overturned a district court’s decision to apply an analogous state law statute of limitations to bar a claim for false advertising under § 43(a) of the Lanham Act. In doing so, the Court held that...more
The Fourth Circuit recently held that the U.S. District Court for the Eastern District of Virginia erred in its analysis of a defendant’s laches defense against an unfair competition claim under Section 43(a) of the Lanham...more
Using Trademark Law to Combat Reputational Harm from Third-Party Price Gouging - The COVID-19 outbreak has created unforeseeable, yet critical, need for certain products. Unfortunately, some see shortages in the supply of...more
Music festivals, film festivals, food festivals….festivals are popular venues for entertainment and each festival strives to offer the consumer a unique experience. Of course, at most festivals, clothes must be (or should be)...more
Summary Judgment Affirmed for Defendant in Lanham Act Challenge to Statements Concerning Popularity of Advertiser’s Product, Scarcity of Challenger’s Product: Verisign, Inc. v. XYZ.COM LLC, 848 F.3d 292 (4th Cir. 2017)...more
On May 10, 2016, Judge Joseph F. Leeson, Jr. of the Eastern District of Pennsylvania granted summary judgment on false advertising and trademark claims in favor of defendant Tyson Foods, Inc. and a subsidiary, the makers of...more
In today’s increasingly global economy, trademark owners are more frequently butting up against the territorial limitations of trademark law. It has long been a matter of black letter law that trademark rights are...more
Last week, an appellate court held that a plaintiff has standing to bring a false association and false advertising claim under Section 43(a) of the Lanham Act, even though it did not use its mark or sell its competing...more
MARATHON MONDAY does not Uniquely Identify the Boston Marathon - Boston Athletic Association (BAA) operates the annual Boston Marathon which has taken place on the third Monday in April every year for the past 117 years....more