News & Analysis as of

Trademark Litigation

Volpe Koenig

Recognizing and Avoiding Trademark Scams and Hoaxes

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In this episode of IP Goes Pop!®, hosts Michael Snyder and Joseph Gushue are joined by Jason Lott, Managing Attorney for Trademark Customer Outreach at the US Patent and Trademark Office (USPTO), to explore the evolving...more

Sunstein LLP

Wavy Baby Waves Goodbye to its Attempt at Humor

Sunstein LLP on

In August, Vans, a globally-known footwear and apparel company, and MSCHF, a Brooklyn-based art collective, settled their trademark and trade dress dispute, entering an agreement that permanently enjoins and restrains MSCHF...more

K&L Gates LLP

You’re Gonna Hear Me Roar: Katy Perry Wins Appeal Against Local Australian Fashion Designer

K&L Gates LLP on

In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No...more

Holland & Knight LLP

Trademark Tussle: When Elves Land on the Naughty List

Holland & Knight LLP on

'Tis the season for a Christmas … lawsuit? Yes, that's right. This year, Santa's workshop is abuzz with more than just toymaking. Indeed, instead of focusing on their mischievous escapades of making snow angels in flour on...more

Jones Day

SkyKick v Sky: UK Supreme Court Confronts Bad Faith in Trade Mark Applications

Jones Day on

The UK Supreme Court has issued a landmark judgment dealing with specific bad faith considerations for trade marks....more

Saul Ewing LLP

The Biggest Trademark Decision of 2024: Penn State Takes on Ornamentality and Wins

Saul Ewing LLP on

On November 19th, after over three (3) years of litigation, a jury in Williamsport, Pennsylvania finally found Vintage Brand, LLC (“Vintage”) and two other defendants liable for trademark infringement for selling counterfeit...more

Irwin IP LLP

A Bloody Competition Over Lizzie Borden’s Legacy

Irwin IP LLP on

US Ghost Adventures, LLC v. Miss Lizzie's Coffee LLC, No. 23-2000, 2024 WL 4799288 (1st Cir. Nov. 15, 2024) - On November 15, 2024, the U.S. Court of Appeals for the First Circuit affirmed the denial of a preliminary...more

Brownstein Hyatt Farber Schreck

Clandestine Use of Competitor’s Trademark and ‘Initial Interest Confusion’ Infringement

Businesses use several advertising tactics. Most are clearly presented to potential consumers in traditional ways such as text on a web page, posters, mailings, brochures, etc. Alternatively, some tactics to increase exposure...more

Troutman Pepper Locke

Why Did the World Wrestling Federation Become WWE? — No Infringement Intended Podcast

Troutman Pepper Locke on

In this episode, Rusty Close and Austin Padgett discuss trademarks and why the WWF, the World Wrestling Federation, rebranded itself as WWE, World Wrestling Entertainment. No Infringement Intended, hosted by Rusty Close and...more

Ward and Smith, P.A.

What's in a Name Anyway? Trademark Basics for Community Associations

Ward and Smith, P.A. on

This article explores the essentials of trademark rights, their relevance for community associations, and the balance between protecting these trademarks versus respecting the free speech of homeowners....more

Kohrman Jackson & Krantz LLP

Drink Wars: Prime Hydration and MÁS+ BY MESSI Clash Over Trade Dress

A lawsuit filed in a New York federal court has initiated a dispute between Mark Anthony, the owner of popular beverage brands like White Claw and Mike’s Hard Lemonade, and Prime Hydration, a hydration drink company founded...more

K&L Gates LLP

SkyKick v Sky: A Debrief of the Latest Developments

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The UK Supreme Court recently handed down its judgment in the long-running SkyKick v Sky trade mark battle. The court considered the key issue of ‘bad faith’ applied to the over-claiming practice and its implications for...more

Weintraub Tobin

(Podcast) The Briefing: Trademark Turbulence – Oakland vs SFO in Trademark Showdown

Weintraub Tobin on

Oakland’s attempt to rename its airport didn’t take off. On this episode of The Briefing, Scott Hervey and Jamie Lincenberg discuss the trademark dispute between San Francisco and Oakland over airport naming rights....more

Weintraub Tobin

The Briefing: Trademark Turbulence – Oakland vs SFO in Trademark Showdown

Weintraub Tobin on

Oakland’s attempt to rename its airport didn’t take off. On this episode of The Briefing, Scott Hervey and Jamie Lincenberg discuss the trademark dispute between San Francisco and Oakland over airport naming rights....more

McDermott Will & Emery

Time’s Up: Fifth Circuit Reinstates Original Judgment in Trademark Dispute

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit vacated a district court’s amended final judgment and reinstated its prior final judgment, finding that the district court overstepped its narrow mandate on remand, directly...more

McDermott Will & Emery

Battle of the Bay: It’s Oakland Airport, Not San Francisco Bay Oakland International Airport

McDermott Will & Emery on

The US District Court for the Northern District of California granted the city and county of San Francisco a preliminary injunction enjoining the Port of Oakland from using the name or trademark “San Francisco Bay Oakland...more

McDermott Will & Emery

Case Closed: OpenAI Prevails on Secondary Meaning

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of a preliminary injunction (PI) in a trademark action under the Lanham Act, stating that the district court’s ruling was not clearly erroneous...more

McDermott Will & Emery

Ghostly Misstep: No Confusion Means No Preliminary Injunction

McDermott Will & Emery on

In a trademark case involving an incontestable registration, the US Court of Appeals for the First Circuit affirmed a district court ruling denying the registrant a preliminary injunction (PI) for failure to establish...more

International Lawyers Network

Trouble Brewing? Australian Coffee Brand Grounds Global Giant in Landmark Trade Mark Case

In a recent Federal Court decision, Justice Michael Wheelahan has dismissed claims against Cantarella Bros Pty Ltd (Cantarella Bros) by international coffee giant, Koninklijke Douwe Egberts BV (KDE), that its Vittoria glass...more

McDermott Will & Emery

Trademark Fee Increases: The TEAS Party Is Over

McDermott Will & Emery on

After a lengthy public comment and review process, the US Patent & Trademark Office (PTO) announced trademark fee increases effective January 18, 2025. The goal of PTO fee setting is to provide sufficient financial resources...more

McDermott Will & Emery

Chill Out: Request for Profit Disgorgement Isn’t Entitled to Jury Trial

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed a district court ruling that a plaintiff was not entitled to a jury trial regarding its trade dress infringement claim and that the plaintiff failed to prove that its...more

Morris, Manning & Martin, LLP

Penn State Wins Trademark Infringement Case Against Vintage Brand for the Sale of 'Throwback' Merchandise

A Pennsylvania federal jury ruled in favor of Pennsylvania State University, finding that Vintage Brand, an online retailer, willfully infringed on the university's trademarks. The decision marks a significant win for...more

BakerHostetler

US Supreme Court Set To Hear Case That May Have Significant Implications for the Doctrine of ‘Corporate Separateness’

BakerHostetler on

The principle of “corporate separateness” – the idea that corporations are separate juridical entities and that stock ownership generally “will not create liability beyond the assets of the [corporation]” – is “deeply...more

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

Penn State Wins On and Off the Field

Pennsylvania State University has secured wins on the field and in court this football season with a 10-1 football record (and likely a College Football Playoff berth), and a jury verdict in its favor in a lawsuit against...more

Erise IP

What’s Trending in Trademarks: November 2024: Injunction Upheld in OpenAI v. Open AI; USPTO Modifies Audit Practice to Target...

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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: 9th Cir....more

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