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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 +
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 would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Seyfarth Shaw LLP

A Very Demure and Very Mindful Look at What Celebrities Can Teach Us About Trademarks

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What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was...more

Butler Snow LLP

New Utah NHL Team Takes Shot-Pass With Nine Intent-to-Use Trademark Applications

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Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey...more

McDermott Will & Emery

ITU Applicants Beware: Federal Courts Have Jurisdiction Over Pending Trademark Applications

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The US Court of Appeals for the Ninth Circuit affirmed in part a district court’s ruling in a trademark dispute, upholding its decision to invalidate trademark applications. The Ninth Circuit held that district courts have...more

ArentFox Schiff

Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright...

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As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things,...more

Hogan Lovells

Trademark Insight 06/2023 – European Union & Germany // Country Focus - Spain

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In this issue, we have once again compiled interesting decisions from recent months. Of particular interest are: the CJEU decision on international territorial jurisdiction for AdWords ads and meta tags; the German Federal...more

Seyfarth Shaw LLP

Courts and Brand Owners Struggling With SCOTUS Decision Limiting Ability to Police Against Foreign Trademark Infringement

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The U.S. Supreme Court’s end-of-term decision in Abitron v. Hetronic seems to have created more questions than answers about U.S. brand owners’ ability to leverage the federal Lanham Act in global trademark disputes. In the...more

McDonnell Boehnen Hulbert & Berghoff LLP

To Parody or Not to Parody: The Supreme Court Weighs In

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Close on the heels of the unanimous decision in Amgen v. Sanofi, the Supreme Court handed down another unanimous decision in Jack Daniel’s v. VIP Products. Justice Kagan wrote the opinion, with Justice Sotomayor and Justice...more

Hogan Lovells

Trademark Insight 03/2023 – European Union & Germany

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Dear readers, Last month again saw some interesting decisions, which we have compiled for you in the current issue of TRADEMARK INSIGHT. Below you will find our summaries of decisions of German courts, the EUIPO Boards of...more

Haug Partners LLP

Adidas v. Thom Browne

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The battle between Thom Browne and Adidas over a striped design dates back to 2007. For over 20 years, Thom Browne has been a force in luxury fashion, bringing a unique and distinctive design aesthetic that combines classic...more

Hogan Lovells

Trademark infringement through NFTs - Intellectual property enforcement in the virtual world.

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The use of NFTs ("Non-fungible Tokens") can constitute a trademark infringement. This was recently decided by the IP Chamber of the Court of Rome (Tribunale di Roma, decision of 20 July 2022, ref. 32072/2022). The court...more

Beacon Insights by JD Supra

The Year in Trademark Law – 2022 Popular Reads on JD Supra

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A quick look at some of the most widely read Trademark Law updates and commentary published on JD Supra throughout 2022....more

Fox Rothschild LLP

SCOTUS Agrees to Engage in Some Whiskey Business

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On Monday, November 21st, the U.S. Supreme Court agreed to hear an appeal filed by Jack Daniel’s. In this appeal, Jack Daniel’s argued that the Ninth Circuit erred by upholding the lower court’s grant of summary judgment to...more

Pierce Atwood LLP

Federal Court Rules MetaBirkin NFTs Entitled to First Amendment Protection in Hermès Trademark Case

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In one of the first trademark cases involving NFTs (non-fungible tokens), the U.S. District Court for the Southern District of New York’s opinion in Hermès International, et al. v. Mason Rothschild sheds new light on how...more

Proskauer - Blockchain and the Law

As NFTs Blur the Line Between “Receipt” and “Product”, Trademarks Owners Fight Over New Virtual Markets

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Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In the context of copyright, this dichotomy is generally uncontroversial: In...more

Shutts & Bowen LLP

Intellectual Property Rights in the Metaverse: Hèrmes v. Rothschild and the MetaBirkins Saga

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Intellectual property rights can get muddled in the “real world” and with the advent of virtual worlds, such as the Metaverse, this will only further complicate matters for brand owners who will now have to monitor and...more

Dorsey & Whitney LLP

First a Meme, Then a Cryptocurrency, and Now an $80 Billion Brand? Dogecoin Continues Its Rollercoaster Journey into the USPTO.

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What first started as a meme featuring a fluffy dog with poor grammar has now resulted in a trademark fight over the ownership of an estimated $80 billion brand. If the progression of this Internet sensation has left your...more

Williams Mullen

[Webinar] CLE Institute - Can They Own That? A Summary of the Biggest Patent and Trademark Cases and Trends of 2020. - October...

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This program will cover important patent and trademark trends and cases in 2020, including: - The Trademark Modernization (TM) Act of 2020 - Counterfeiting: Tiffany v. Costco - Transformation from Generic to Protectable:...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Rejects Willfulness Requirement for Profit Awards in Trademark Infringement Cases

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On April 23, 2020, the U.S. Supreme Court unanimously ruled that a plaintiff is not required to prove that a defendant’s misconduct was willful in order to obtain an award of a defendant’s profits in trademark infringement...more

Dorsey & Whitney LLP

Franzia’s Boxed Wine Packaging Redesign “Jammed” Up in Trademark Dispute

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On April 1, 2020, JaM Cellars filed a trademark infringement lawsuit against The Wine Group, makers of the popular Franzia brand boxed wine. Plaintiff JaM Cellars is the owner of trademarks relating to the word JAM used in...more

Weintraub Tobin

Landlords – Watch Out For Trademark-Infringing Tenants!

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Landlords whose tenants sell counterfeit goods can be liable for trademark infringement if they have knowledge of the infringing acts or are willfully blind to the infringement. In Luxottica Group v. Airport Mini Mall, LLC,...more

Weintraub Tobin

Hidden Trademark Landmines In Comparative And Compatibility Advertisements

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Nespresso has filed a lawsuit against Jones Brothers Coffee Distribution Company alleging trademark and trade dress infringement. In support of its trademark infringement claim, Nespresso alleges that Jones Brothers’ use of...more

BakerHostetler

Fifth Circuit Decision Highlights Trademark Protection for Fictional Elements

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As previously reported on this blog, the Southern District of Texas ruled in Viacom International Inc. v. IJR Capital Investments LLC that Viacom could assert common-law rights in the trademark THE KRUSTY KRAB for a fictional...more

Foster Garvey PC

Licensing Trademarks to Washington Cannabis Businesses – Are You in "The Clear"?

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Washington Court of Appeals' definition of trademark rights in Washington - Recently, the Washington Court of Appeals waded into the murky waters of defining trademark use when an out-of-state marijuana business licenses a...more

Weintraub Tobin

TTAB’s Refusal To Register Trademark Reveals Important Lesson For Trademark Attorneys

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The Trademark Trial and Appeals Board’s recent ruling in In re Productos Verde Valle, S.A. de C.V. upholding a trademark examiner’s refusal to register the mark SONIA for “sauces; chili sauce; hot sauce” holds a lesson for...more

Burr & Forman

Southern District of New York Enjoins AlibabaCoin from Using Alibaba Trademark

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On October 22, 2018, the United States District Court for the Southern District of New York granted Chinese e-commerce company Alibaba’s application for a preliminary injunction against cryptocurrency startup Alibabacoin...more

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