News & Analysis as of

Trademark Infringement Cease and Desist Orders

Foley & Lardner LLP

Keeping the Flame Alive: How IP Protects the Legacy of the Olympics

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Historically, the Olympic Games rank high as one of the most effective international marketing platforms in the world, reaching billions of people in more than 200 countries and territories across the globe. The International...more

Proskauer Rose LLP

Three Point Shot - July 2024

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12th Man Up in the First Half: Texas Court Rules that Aggies Athletic Foundation Owes No Fiduciary Duty to Football Boosters, Second Half to Reveal Winner on Contract Claims - There is perhaps no relationship stronger and...more

McDermott Will & Emery

David-Versus-Goliath Trademark Victory Isn’t “Exceptional”

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The US Court of Appeals for the Third Circuit vacated an award of attorneys’ fees for reanalysis, explaining that the district court’s finding that the case was “exceptional” under the Lanham Act was based on policy...more

Erise IP

What’s Trending in Trademarks, April 2024: Chile/Chili Crunch, Jelly Roll, and Seltzer Sales

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: David...more

Haug Partners LLP

2023 in Review at the International Trade Commission

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Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their...more

Fenwick & West LLP

Protecting Brands in the Age of AI

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The rapid adoption of generative artificial intelligence (AI) presents both unique opportunities and challenges for trademark and brand owners. By harnessing AI’s potential, businesses can accelerate the branding process by...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Personal Jurisdiction and Forest Fires

This week, the Ninth Circuit considers personal jurisdiction in a trademark declaratory judgment action and assesses an agency’s decision to omit an environmental-impact statement in connection with a forest-fire-management...more

Benesch

Supreme Court Sends “Bad Spaniels” to the Doghouse

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Not even the First Amendment could rescue VIP and its Bad Spaniels dog toy, as the US Supreme Court recently held that the Rogers threshold test for “expressive works” does not apply in trademark cases involving commercial,...more

Weintraub Tobin

The NFL, the Raiders, and A Law Firm: A Tale of Two Colors

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A dispute has emerged between the NFL, the Las Vegas Raiders, and the Dimopoulos Law Firm over the NFL and the Raiders threatening to sue the firm for trademark infringement. The law firm claims it has been using a black and...more

AEON Law

Patent Poetry: Videogame Company Awarded $4.3 Million in Damages for “Cheats”

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Bungie, a video game company that created the “Halo” and “Destiny” game series, has been awarded $4.3 million in damages in an arbitration against a creator of cheat software....more

Hogan Lovells

“Hamburger Brauch" hoch zwei – UVE bedarf zur Ausräumung der Wiederholungsgefahr keiner konkret bezifferten Vertragsstrafe

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Im Falle des Verstoßes gegen eine erste strafbewehrte Unterlassungs- und Verpflichtungserklärung (UVE) nach sogenanntem "Hamburger Brauch", d.h. ohne konkret bezifferte Vertragsstrafe, kann nach einer kürzlich ergangenen...more

Proskauer - Minding Your Business

Kardashian’s ‘SKKN by Kim’ Brand Facing Legal Uncertainty

Kim Kardashian has been hit with a lawsuit by New York-based Beauty Concepts LLC over Kardashian’s recently launched skincare line, “SKKN by Kim.” Beauty Concepts filed a complaint in the Eastern District of New York against...more

Dunlap Bennett & Ludwig PLLC

I Received a “Cease and Desist” Letter – What Should I Do?

Receiving a “cease and desist” letter from a lawyer can be stressful and sometimes confusing, and it’s not always clear whether and how a person should respond.  ...more

Knobbe Martens

Who Owns the Royale With Cheese? - Miramax Sues Tarantino Over the Sale of Pulp Fiction Related NFTs

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On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. Miramax alleges that Tarantino...more

Jenner & Block

Client ViacomCBS Prevails in Trademark Dispute over “MTV Floribama Shore”

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In late 2016, MTV began developing “MTV Floribama Shore,” part of the “Shore” franchise that began with “Jersey Shore” in 2009. MTV planned to broadcast the premiere in November 2017. ...more

Ladas & Parry LLP

Cease and Desist Letters Need to Balance Effectiveness While Considering Consequences

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Letters demanding that a company “cease and desist” what the sender of the letter deems an infringement of the sender’s intellectual property rights – whether patent, trademark or copyright – are communications primarily to...more

Smart & Biggar

You’ve received a “cease and desist” letter – now what?

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This is the sort of letter that no one wants to receive: one containing the words “cease and desist”. Whether it arrives by post, email or someone showing up at your door with a personal delivery, a cease and desist letter...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

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Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Jaburg Wilk

Why Register My Trademark? The Benefits of Trademark Registration

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A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a...more

Hogan Lovells

District Court of Hamburg: Swabian whisky not allowed to use the word “glen” in its name

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Since 2013, the Scotch Whisky Association (SWA) has tried to prohibit the Swabian whisky producer Waldhornbrennerei, which is based in Berglen near Stuttgart, from using the trade mark “Glen Buchenbach”. ...more

K&L Gates LLP

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

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Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...more

Jones Day

The ITC is Not Just for Patents – Brand Owners are Welcome Too

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When people think of actions filed with the International Trade Commission (ITC) under section 337 of the Tariff Act of 1930, they likely think of patent infringement cases. And the majority of ITC cases do involve patents,...more

Robins Kaplan LLP

Who Holds Legal Title to “Chella”?

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The fate of Coachella Music Festival and Filmchella is in the jury’s hands. On September 10, 2018, U.S. District Judge R. Gary Klausner, denied Coachella’s motion for partial summary judgment on its trademark claims against...more

Foster Garvey PC

Hotels and Consumers Making Headway in Anti-Room Poaching Battle

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It’s estimated that room poaching results in upwards of $1.3 billion in lost revenue for hotels and lost funds for consumers every year. As hotels and consumers look for a way to fight against these losses, trademark...more

Hogan Lovells

German Supreme Court remains claimant-friendly on cease and desist orders

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Another milestone for cease and desist orders has been reached in Germany. The German Federal Supreme Court has clarified in a number of decisions that defendants in cease and desist orders not only have to cease the...more

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