News & Analysis as of November 17, 2024

Likelihood of Confusion

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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 +

Trademark Battle: Nike Sues Former Collaborator Over Custom Sneaker Designs

Kohrman Jackson & Krantz LLP on 8/19/2024

Nike recently filed suit in Federal Court in the Southern District of New York claiming trademark infringement and unfair competition by its former licensee, S2, Inc., owned by a popular shoe customizer named Dominic...more

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

Dorsey & Whitney LLP on 2/8/2024

40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

Kattison Avenue/Katten Kattwalk | Issue 1 - Winter 2022

Katten Muchin Rosenman LLP on 1/27/2022

New York Proposes Significant Regulation for Fashion Industry: The ‘Fashion Sustainability and Social Accountability Act’ - On January 7, New York State Senator Alessandra Biaggi and Assemblywoman Anna R. Kelles introduced...more

Has Messi opened up a Pandora’s box before the European Courts?

Hogan Lovells on 9/29/2020

Messi is victorious not only on the football field, but also before the European Courts: the football player’s reputation creates a conceptual difference between MESSI and MASSI which counteracts the visual and phonetic...more

A Cautionary Tale of Waiver!

Akerman LLP - Marks, Works & Secrets on 9/9/2019

The Federal Circuit upheld a Trademark Trial and Appeal Board (“Board”) decision refusing registration of an athletic apparel company’s trademark, holding that the trademark applicant waived its key arguments by not raising...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

The Katten Kattwalk | Issue 18

Katten Muchin Rosenman LLP on 1/9/2019

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Fashion Law Newsletter - December 2018

K&L Gates LLP on 12/10/2018

"People will stare. Make it worth their while." - Harry Winston Welcome to our latest edition of Fashion Law. In this edition we look at the steps the New South Wales and Australian Governments are taking to tackle...more

Federal Circuit Kicks Chuck Taylor Case Back to ITC

Dorsey & Whitney LLP on 11/1/2018

In the latest chapter of a long-running trademark dispute involving the outsole used by Converse, Inc. with its well-known CHUCK TAYLOR shoes, the U.S. Court of Appeals for the Federal Circuit has issued a ruling vacating an...more

Beyoncé vs. Feyoncé: Am I Totally Diluted, or Should I Put a Ring on It?

Knobbe Martens on 10/29/2018

In April 2016, Beyoncé Knowles-Carter (known mononymously as “Beyoncé”) filed a trademark suit in the Southern District of New York against Feyonce, Inc., an online business that sells clothing, apparel, and assorted goods...more

Europe: Well-Known Brand Owners Learn From Puma – Evaluate Your Reputation Right!

Hogan Lovells on 10/8/2018

(Judgment of 26 September 2018 in Case T-62/16 – Puma SE v. EUIPO / Doosan Machine Tools Co. Ltd) - In a case concerning completely dissimilar goods and different public, the General Court (GC) once again confirmed that...more

Hashtag Is Not Enough to Save Another will.i.am Trademark Application

Akerman LLP - Marks, Works & Secrets on 8/30/2018

William Adams is a musical performer who is more famously known by his stage name, will.i.am. A recent ruling from the United States Patent and Trademark Office, Trademark Trial and Appeal Board, unfortunately makes him a...more

TTAB Decision Underscores Difficulty Of Proving Fraud Before The USPTO

Ladas & Parry LLP on 7/5/2018

In Tommie Copper IP Inc v Gcool-Tech Usa LLC (Opposition No 91223768 (9 May 2018) [not precedential]), the Trademark Trial and Appeal Board (TTAB) has dismissed an opposition where the applicant did not have use in commerce...more

adidas victorious again in defending its rights to the Three Stripes

Hogan Lovells on 3/5/2018

The General Court has once again upheld adidas’ oppositions against two copycat applications for two stripes positioned on a shoe. The two decisions issued on 1 March 2018 (in Cases T-629/16 and T-85/16) come as part of the...more

Adidas Fights to Protect its Three-Stripe Mark

Robins Kaplan LLP on 10/30/2017

Can three stripes be protected as intellectual property? That question is now before the Trademark Trial and Appeal Board (“TTAB”). Adidas AG (“Adidas”), the German sportswear giant, instantly recognizable for its...more

Trademark Review - Volume 2 | Issue 11 - November 2012

Knobbe Martens on 11/30/2012

In This Issue: • JOTS for Gelatin Shots Found Confusingly Similar to TOTT’S for Sparkling Wine • Likelihood of Confusion Between DUB for Nutritional Supplements and DUB for Non- Alcoholic Energy Drinks • The...more

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