News & Analysis as of

IP License Trademarks Lanham Act

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

Venable LLP

NFT Intellectual Property Considerations

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...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

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

Knobbe Martens

11th Circuit Decides Dispute on Kardashian’s Beauty Mark

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The Kardashian sisters were the celebrity endorsers for a cosmetic line previously called “Khroma Beauty” that was created and marketed by Boldface....more

McDermott Will & Emery

Kardashians Walk - Trademark Licensee Has No Standing to Sue for Infringement

The US Court of Appeals for the 11th Circuit held that an exclusive foreign licensee lacked standing to sue for trademark infringement in the United States and affirmed the district court’s grant of summary judgment. Kroma...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 17, Issue 2

USPTO Issues CBD Trademark Guidelines in Light of the 2018 Farm Bill: Key Takeaways - On May 2, 2019, the USPTO released its new guidelines on how it will examine federal trademark applications for CBD products in light of...more

Dorsey & Whitney LLP

European Licensee Lacked Sufficient Rights to Enforce Trademark Claim Against Kardashian Sisters

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Can a licensee sue for trademark infringement under Section 43(a) of the Lanham Act? On April 1, 2019, the Eleventh Circuit issued its decision in Kroma Makeup EU, LLC v. Boldface Licensing + Branding, Inc. et al., and held...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

Knobbe Martens

Balenciaga Is Not Out Of The Woods—Little Trees Air Freshners Are At The Center Of A Trademark Infringement Suit

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On October 19, 2018 plaintiffs CAR-FRESHNER Corporation (“CFC”) and Julius Sämann Ltd (“JSL”) filed suit against Balenciaga America, Inc. for alleged trademark infringement, false designation of origin, trademark dilution,...more

Foley & Lardner LLP

Industry Coalition Obtains Preliminary Injunction Against Enforcement of North Dakota Dealer Statute

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On December 14, 2017, the U.S. District Court in Bismarck, North Dakota issued a preliminary injunction preventing the enforcement of recently enacted amendments to the North Dakota Farm Equipment Dealership Statute known as...more

Proskauer Rose LLP

Three Point Shot - August 2017

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Eastern District Heavyweight Bout Ends in Stunning Trademark Technical Knockout - Floyd Mayweather and Connor McGregor's late-August 2017 matchup may be the most highly anticipated boxing event in decades. But while "The...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Dorsey & Whitney LLP

Another IP Lesson from Bikini Bottom: What “The Krusty Krab” Teaches Us About Trademark Protection for Fictional Places

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In a previous post we discussed what SpongeBob SquarePants can teach us about trademark licensing. Now, more IP lessons are bubbling up from the fathoms below thanks to our absorbent, yellow and porous friend. ...more

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