News & Analysis as of October 19, 2024

Unfair Competition

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

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

ArentFox Schiff on 5/2/2024

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

MarkIt to Market® - February 2024

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/1/2024

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

Holdover Trademark Licensee Status Can’t Do Heavy Lifting on “Exceptionality”

McDermott Will & Emery on 8/4/2022

The US Court of Appeals for the Sixth Circuit addressed issues of enhanced remedies in a dispute regarding the sale of weightlifting equipment beyond the expiration of a licensing agreement between the involved parties....more

Third Circuit Orders Second Look at Delays and Disgorgement of Profits

McDermott Will & Emery on 8/26/2021

In a long-running trademark dispute between two charitable organizations, the US Court of Appeals for the Third Circuit found that the appellee did not preserve its challenge to the district court’s denial of summary judgment...more

Injunctive Relief Available Even Where Laches Bars Trademark Infringement, Unfair Competition Damage Claims

McDermott Will & Emery on 8/12/2021

The US Court of Appeals for the 11th Circuit affirmed a district court’s conclusion that laches barred an advertising and marketing company’s claims for monetary damages for trademark infringement and unfair competition, but...more

MarkIt to Market® - April 2021: Sole Mates (or Not) – Takeaways from Nike v. Satan Shoes

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/3/2021

It was hard to escape news last month of the “Satan Shoes” collaboration between Lil Nas X and Brooklyn art collective MSCHF Product Studio (“MSCHF”). The limited (666 pairs) release of custom red and black Nike Air Max...more

MarkIt to Market® - April 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/30/2021

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

Beating Tigers: How Carol Baskin Slayed the Tiger King (with Trademark Law)

Jaburg Wilk on 4/17/2020

Caution: Spoilers Ahead. Netflix’s documentary series “Tiger King” is currently the number one show on the streaming service and one of the most talked about shows in media. The series explores the peculiar world of private,...more

Van Cleef & Arpels v. Nice Ice Fine Jewelers

Knobbe Martens on 3/27/2019

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

A Different Shade of Gray: The Scope and Limits of Gray Market Goods and Recent Developments in the Cosmetics Space

Knobbe Martens on 3/1/2019

Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more

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

Knobbe Martens on 9/5/2018

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

Tiffany Wins the Generic Battle, and the Spoils of War are Significant (Updated)

Knobbe Martens on 8/18/2017

Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed...more

Three Point Shot - December 2016

Proskauer Rose LLP on 12/24/2016

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

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Trademarks › Damages › Unfair Competition

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