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Trademarks › Reputational Injury

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 -
ArentFox Schiff

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

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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

Kohrman Jackson & Krantz LLP

Is Famous Whiskey Really Famous? Exploring Brand Recognition, Trademark Dilution & Fame

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Is the dripping wax seal of Maker’s Mark famous? What about the Texas Longhorn Football logo – surely that’s famous, isn’t it? While many would say those are famous and indelible American symbols, in the area of trademark...more

Dorsey & Whitney LLP

Coca-Cola - “Thums Down” on Evidence of Damages in Misrepresentation of Source in Cancellation Proceeding with Unresolved...

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We reported here last summer the outcome of Coca-Cola Company’s petitions to cancel the registrations for the above-captioned marks owned by Meenaxi Enterprise, Inc. Meenaxi appealed the TTAB’s decision to cancel the...more

Knobbe Martens

Proving Reputational Injury Without Use of the Marks in the United States

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MEENAXI ENTERPRISE, INC. v. THE COCA-COLA COMPANY - Before Dyk, Reyna, and Stoll.  Appeal from the Trademark Trial and Appeal Board. Summary: To maintain a statutory cause of action under the Lanham Act for activities...more

McDermott Will & Emery

No Harm, No Foul: No False Advertisement Where Trade Association Failed to Show Injury

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The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a home inspector association on a false advertising claim brought by a competitor, finding no evidence of injury...more

Weintraub Tobin

Jack in the Box Pops a Spring Over FTX “Moon Man” Mascot

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In November 2021, fast-food chain Jack in the Box sued FTX, a cryptocurrency exchange launched in 2019, over an allegedly infringing mascot named Lunar, referred to as “Moon Man”. FTX featured its Moon Man character in...more

Smart & Biggar

Federal Court finds Subway’s trademark rights infringed by cannabis retailer that adopted “Budway” parody mark

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Earlier this month, the Federal Court issued its decision in Subway IP LLC v Budway, Cannabis & Wellness Store, 2021 FC 583, a case involving a cannabis retailer that knowingly adopted a parody mark in connection with its...more

Smart & Biggar

Not all pun and games: Federal Court not amused with cannabis company’s brand parody

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In a recent decision of Canada’s Federal Court illustrates the danger of adopting a mark or name “inspired” by a famous or well-known brand, even when confusion is unlikely. The decision is a cautionary tale, particularly for...more

Barnea Jaffa Lande & Co.

Supreme Court Dismisses Nespresso Suit against Espresso Club

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The Supreme Court recently dismissed an appeal by Nestlé, the Swiss multinational food and drink processing conglomerate, and its subsidiary corporation Nespresso, filed against our client, the Israeli company Expresso Club....more

Knobbe Martens

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

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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

Fenwick & West LLP

Non-Marking Sole? Lessons from adidas v. Skechers

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California trademark attorneys have been waiting five years to get clarification on the requirements for injunctive relief and hoped that a new case between adidas and Skechers would provide that guidance. The U.S. Court of...more

Fenwick & West LLP

Litigation Alert: The Ninth Circuit Leaves Pirate Joe’s Saying “Shiver Me Timbers!”

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Late last week, the U.S. Court of Appeals for the Ninth Circuit determined a court had jurisdiction to decide a trademark lawsuit filed by a U.S. grocery store against a Canadian reseller where the products at issue were only...more

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