The Briefing: The Supreme Court Limits the Reach of The Lanham Act [PODCAST]
Emerging Strategies for Protecting Global IP Rights
Patent Series: Protecting inventions
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
Harlem Shake's Copyright Issues
Apple Loses First 'Big' Case to MobileMedia, Lawyer Says
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for...more
Smart product manufacturers invest in protecting their intellectual property rights. Preventing and addressing counterfeit and infringing products on an ongoing basis should be prioritized as a core function of their...more
Fashion houses Fendi and Marc Jacobs have been sued for trademark infringement in the United States District Court for the Central District of California by another clothing company known as Roma Costumes, Inc. According to...more
The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction barring the defendant from selling counterfeit e-cigarette and vaping products bearing the plaintiff’s logo because the plaintiff’s psychoactive...more
In the 3D virtual world known as the metaverse, pioneering enterprises are exploring ways to capitalize on this new frontier's growing popularity. As expected, the use of company marks and brands is becoming an issue to...more
Earlier this month sports apparel giant Nike sued StockX LLC, a Michigan-based sneaker and streetwear resale marketplace, for offering to its customers non-fungible tokens (NFTs) depicting Nike’s sneakers. The claims...more
As the first-filed paper in nearly any litigation, the complaint is typically subject to rigorous scrutiny from the named defendant to identify any flaws that may dispatch the case via a motion to dismiss. A plaintiff in the...more
The Supreme Court of the United States, in a unanimous decision stated that “because the tacking inquiry operates from the perspective of the ordinary purchaser or consumer, we hold that a jury should make this...more
On December 2, 2014, the United States Supreme Court heard oral argument in B&B Hardware, Inc. v. Hargis Industries, Inc.. The question before the Supreme Court is how much deference, if any, a federal district court hearing...more
Diageo Enforces Trade Dress Rights in its CROWN ROYAL Drawstring Bag - Diageo owns a registration for the mark CROWN ROYAL for whiskey. Diageo has sold its CROWN ROYAL whiskey in a purple drawstring bag for many...more
Hana Financial, Inc. v. Hana Bank – What You Need to Know - Yesterday, the U.S. Supreme Court held that whether two trademarks may be tacked for purposes of determining priority is a question for the jury, because...more
On November 17, 2014, craft brewer Aviator Brewing Company filed an action in the United States District Court for the Eastern District of North Carolina, seeking a declaration from the Court that its MAD BEACH beer label...more
M2 Tech., Inc. v. M2 Software, Inc. - In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit held that a federal district court did not abuse its discretion in issuing a default judgment and fee...more
On 28 November 2014, the Federal Court of Australia (Court) dismissed claims of trade mark infringement, misleading or deceptive conduct and passing off made by The Coca-Cola Company (Coke) against PepsiCo Inc, PepsiCo...more
Fortres Grand Corporation v. Warner Bros. Entertainment Inc. - The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more
La Quinta Worldwide LLC v. Q.R.T.M., S.A. De C.V., dba Quinta Real - While affirming trademark infringement with respect to a Mexican hotel chain’s use of its trademark in the United States, the U.S. Court of Appeals...more
TechnoMarine SA v. Giftports Inc. - Addressing whether a prior litigation between the parties resolving claims of unfair competition bars subsequent suit over similar conduct occurring after settlement of the earlier...more
Last week, Judge William Quarles of the District of Maryland issued an injunction preventing Maryland Republican State Senator Steve Hershey from using his own campaign literature. The case was brought by the Hershey...more
Further to our recent post about the worldwide trademark trials and tribulations of Anheuser-Busch and its BUDWEISER trademark, we now report that the up-and-coming electric car manufacturer Tesla Motors Inc. has been sued...more
Last week the Supreme Court granted certiorari to determine whether decisions of the Trademark Trial and Appeals Board (TTAB) concerning likelihood of confusion preclude relitigating that issue in subsequent infringement...more
Federal Circuit Leaves Cobra Golf Co. in the Rough - It's dormie. On Eighteen. You're in great shape, having hit a solid drive, leaving yourself a fairway lie and a mid-iron into a back-right Sunday pin. Feeling good...more
Last week, the Supreme Court of the United States granted a writ of certiorari in Hana Financial, Inc. v Hana Bank. The issue presented is whether trademark "tacking" is an issue of fact for a jury or an issue of law for the...more
The Full Federal Court of Australia (Court) has made its first award of 'additional damages' for trade mark infringement. This decision is promising news for trade mark owners, who can take encouragement from the Court's...more
On May 23, 2014, the Ninth Circuit upheld a California district court decision that broadly interpreted the breach of contract exclusion in a commercial general liability policy to preclude coverage for all personal and...more
On March 28, 2014, HRB Innovations, Inc. (“HRBI”) of Las Vegas, Nevada, and HRB Tax Group, Inc. (“HRBTG”) of Kansas City, Missouri, filed a complaint against Fast Cash Taxes, LLC (“FCT”) of Doraville, Georgia and Gregory A....more