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Trademark Registration Damages

ArentFox Schiff

Mic Drop: Singer-Songwriter Forgoes Public Performance Royalties to Prevent Performances by ‘Cover Band’ Amidst Lawsuit

ArentFox Schiff on

The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the...more

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

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

Foster Garvey PC

Stone Brewing Co. LLC v. Molson Coors Brewing Company – Ruling in Trademark Infringement Brewery Battle Serves Up Important...

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On March 25, 2022, after a contentious, four year-long court battle, a jury awarded Stone Brewing Co. $56 million in damages against beer conglomerate MillerCoors, now Molson Coors, finding that MillerCoors infringed the...more

Knobbe Martens

Van Cleef & Arpels v. Nice Ice Fine Jewelers

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On January 30, 2019, the luxury jewelry suppliers Van Cleef & Arpels filed suit in the United States District Court for the Southern District of New York against Nice Ice Fine Jewelers, LLC (“Defendant”). Van Cleef & Arpels’...more

Smart & Biggar

Canada’s Anti-Dilution Remedy is Not Limited to Registered Trademarks: The bunny keeps going… and going… and going

Smart & Biggar on

Section 22 of the Canadian Trademarks Act, depreciation of a registered trademark’s goodwill, is a potentially powerful yet generally under-utilized weapon for dealing with damaging comparative advertising campaigns. In the...more

Knobbe Martens

Loves me not: Wholesale Jewelry, Inc. Hit with Infringement of Cartier Trademarks and LOVE Collection Trade Dress

Knobbe Martens on

On July 18, 2018 the well-known luxury goods company, Cartier International AG and Cartier, a division of Richemont North America Inc. (collectively, “Cartier” or “Plaintiffs”) filed suit in the United States District Court...more

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

Be Like Grumpy Cat

News recently hit the wires that Grumpy Cat Ltd., the company behind the Grumpy Cat Internet “person”ality, was awarded over $700,000 in a trademark and copyright infringement lawsuit. The defendant was a licensee who was...more

Smart & Biggar

Captain Morgan makes Admiral Nelson’s walk the plank

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Smart & Biggar prevails at trial on behalf of Diageo in trade dress case. On June 12, 2017, the Federal Court issued its 99-page decision in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571. The Court...more

Burr & Forman

Trademark Infringers Can Limit The Damages They Must Pay If The Trademark Owner Fails To Prove That The Parties' Marketing Areas...

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It has long since been the rule that an infringing trademark use may only be prevented in the geographic areas where use of the infringing mark and owner's trademark overlap.i In the recent case of Variety Stores, Inc. v....more

Proskauer Rose LLP

Three Point Shot - December 2016

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In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

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Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

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