News & Analysis as of October 13, 2024

Lanham Act

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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 +

Ruling Affirmed: Redemption Diluted Bulleit's Bottle Design

Baker Donelson on 6/19/2024

The Second Circuit issued a ruling on May 28, 2024, in a trade dress case, affirming the district court's decision that Redemption Whiskey diluted the trademark and trade dress rights of Bulleit Whiskey since Redemption's...more

Foreign Sales to Foreign Customers Are Not Actionable Under the Lanham Act

McDermott Will & Emery on 5/9/2024

Issuing a revised opinion following the Supreme Court’s 2023 decision in Abitron Austria GmbH v. Hetronic Int’l, Inc., the US Court of Appeals for the Tenth Circuit determined that none of the defendant’s purely foreign sales...more

Judge Rejects Greek Freak’s Shot for Damages

Dorsey & Whitney LLP on 1/4/2022

We previously wrote about a series of trademark lawsuits filed by NBA MVP and now NBA champion Giannis Antetokounmpo over the use of his nickname “Greek Freak”. Those lawsuits all contained similar allegations: that the...more

MarkIt to Market® - May 2021: Watching the Pot™

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/2/2021

Revenge for Infringing Candy Trademarks? So Sweet. Two recent court decisions highlight that there may still be a bit of a disconnect when it comes to branding cannabis products. In other words, even if your product is...more

MarkIt to Market® - May 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/28/2021

[co-author: Sahar A. Ahmed, Law Clerk] The May 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the USPTO's new Native American Tribal Insignia Database and two recent trademark litigation cases...more

No Jury Trial for Trademark Infringement Claims

McDermott Will & Emery on 7/11/2019

In finding a fair use defense and no “likelihood of confusion” in a cosmetics trademark infringement dispute, the US Court of Appeals for the 11th Circuit also considered, as an issue of first impression, whether the Seventh...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

These Boots Are Made For Walkin’: Trade Dress and the Distinctive Look of a Boot Sole

Knobbe Martens on 3/27/2017

Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against...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

IP Update, Vol. 16, No. 6, June 2013

McDermott Will & Emery on 6/27/2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

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Trademarks › Permanent Injunctions › Lanham Act

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