News & Analysis as of

Trademark Litigation

Farella Braun + Martel LLP

L'eggo My Rights: Parody or Trademark Violation?

In another in a long line of trademark imitation cases, Kellogg North America Co. LLC has filed a trademark and trade dress infringement lawsuit against a small Ohio-based food truck named L’eggo My Eggroll, arguing that the...more

Farella Braun + Martel LLP

What's In a Name?: The Legal Landscape of Choosing Surnames as Trademarks

As noted in the linked article, many iconic brands, including Ford, Harley-Davidson, and JC Penney (yes, he was real), bear the surnames of their founders. These names often lend a sense of authenticity or legacy that...more

ArentFox Schiff

EUIPO Rejects Thom Browne’s Four-Stripe Design Mark as Decorative, Not Distinctive

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The European Union (EU) Intellectual Property Office (EUIPO) has refused to register Thom Browne’s position trademark consisting of four horizontal white stripes placed on the upper left sleeve of garments....more

Weintraub Tobin

(Podcast) The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration

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After nearly 30 years of litigation, a federal court has canceled General Cigar’s U.S. trademarks for COHIBA cigars — all because of a little-known treaty and a Cuban brand once favored by Fidel Castro. What does this mean...more

Weintraub Tobin

The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration

Weintraub Tobin on

After nearly 30 years of litigation, a federal court has canceled General Cigar’s U.S. trademarks for COHIBA cigars — all because of a little-known treaty and a Cuban brand once favored by Fidel Castro. What does this mean...more

McDermott Will & Emery

No Fairytale Ending for Consumer Opposition: RAPUNZEL Reinforces Lexmark Standing Limits

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The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s dismissal of a trademark opposition brought by a consumer, holding that mere consumer interest is insufficient to establish...more

McDermott Will & Emery

Stylish but Generic: ‘VETEMENTS’ Can’t Dress Up as Trademark

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s refusal to register the mark VETEMENTS for clothing and related retail services, finding that the mark was generic under the...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - May 2025 #4

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The former CEO of World Wrestling Entertainment Inc. has pushed back against efforts to force him to hand over documents relating to his alleged sexual misconduct and hush money payments in a class action over the company’s...more

Kilpatrick

5 Key Takeaways | Recent Developments in US Trademark and Unfair Competition Law

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Kilpatrick partner Ted Davis spoke recently at the International Trademark Association’s annual meeting on recent developments in United States trademark and unfair competition law over the trailing twelve months....more

Ervin Cohen & Jessup LLP

MGA Entertainment v. Harris: Despite $71M Judgment, Federal Court Declines to Enjoin Trade Dress Infringement, Revealing Limits to...

On April 15, 2025, after jurors found a line of dolls from the toymaker, MGA Entertainment, Inc. (“MGA”), infringed the trade dress rights of a pop group owned by music artists Clifford "T.I." Harris and Tameka "Tiny" Harris,...more

Kilpatrick

Arizona Court Rejects Armored Vehicle Manufacturer’s Advertising and Trademark Claims

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A recent Arizona district court decision reminds brand owners that bold accusations of false association and deceptive branding can quickly fall apart in the absence of certain key facts. In Armored Group LLC v. Lutzker, the...more

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

When Surfboards and Superstars Collide: How to Avoid a Wipeout [or Mayhem]

Pop icon Lady Gaga is no stranger to making waves, but a new lawsuit initiated by California-based surfboard company Lost International (aka Lost Surfboards), shows that even superstars can find themselves navigating choppy...more

Gordon Rees Scully Mansukhani

First Sale Doctrine Limitations: Key Trademark Law Considerations for Businesses

Third-party infringers are finding new ways to sell unauthorized products and profit from doing so.  As one example, the third-party seller buys products in bulk from the product owner, receiving a cheaper rate due to bulk...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - May 2025 #3

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French cinema icon Gérard Depardieu was convicted of sexually assaulting two women on a film set in Paris in 2021 and handed an 18-month suspended sentence....more

Farella Braun + Martel LLP

When Imitation is Neither Sincere Nor Flattering - Trademark Dilution

With changing laws and the ubiquity of cannabis and vaping product and service providers, leveraging the familiarity of established trademarks has become a common, albeit risky, marketing tactic. New brands often mimic...more

Cooley LLP

Mediation: Cracking the Hardest Nuts

Cooley LLP on

The last couple of years have seen a dramatic rise in the promotion of alternative dispute resolution generally and mediation in particular by the English judiciary. The Court of Appeal in Churchill v. Merthyr Tydfil County...more

McDermott Will & Emery

Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

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Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more

Mayer Brown

Non-Traditional Trademarks

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In the debut episode of The Upper Brand podcast, Mayer Brown attorneys Richard Assmus, Kristine Young, and Christa Cole delve into the evolving world of non-traditional trademarks—covering everything from colors and scents to...more

McDermott Will & Emery

False Connection: Post-Application Date Evidence Can Be Considered

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The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s refusal to register a mark on the grounds of false connection, explaining that the false connection inquiry can include evidence...more

Farella Braun + Martel LLP

Trademark Applications Filed on an Intent-To-Use Basis Can Be Vulnerable To Challenge

In filing to register a trademark on an “intent-to-use” basis, the applicant must verify that it has a good faith “bona fide intention to use the mark in commerce.” 15 U.S.C. § 1051(b). Assuming there is nothing on the face...more

Fish & Richardson

No Space at the Trademark Office for US SPACE FORCE

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In a rare precedential decision involving Section 2(a) of the Lanham Act, the U.S. Court of Appeals for the Federal Circuit recently upheld a denial by the Trademark Trial and Appeal Board (TTAB) of applications filed for US...more

Foley Hoag LLP - Making Your Mark

Brewed in San Diego: Trademark Lessons from America's Craft Beer Capital and Beyond

This year, the INTA Annual Meeting lands in sunny San Diego, California—a city known not only for its breathtaking coastline, laid-back vibe, and rich cultural diversity, but also for its dynamic landscape of iconic brands...more

Farella Braun + Martel LLP

In Limited Cases, Foreign Trademarks Can Affect U.S. Registration Rights

It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions in which they have registered (or, in some cases, used) the mark....more

Fenwick & West LLP

Ninth Circuit Prescribes New Hearing for Damages in AirDoctor Default Judgment

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The plaintiff AirDoctor sued the defendant under the Lanham Act for advertising and selling filters for use in AirDoctor purifiers. While the defendant advertised its filters as “compatible” and “replacements” for the...more

Felicello Law PC

What to Expect in a Copyright or Trademark Infringement Lawsuit

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No matter what type of business you are in, trademark and copyright law can have significant effects on success and growth of your business. Both of these areas of law provide important rights over the intellectual property...more

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