Trademarks, Standing, Lanham Act

The Supreme Court Update - June 14, 2024

Dorsey & Whitney LLP on 6/17/2024

On Thursday, June 13, the Supreme Court of the United States issued three decisions: FDA v. Alliance for Hippocratic Medicine, No. 23-235: This case involves an attempt to rescind the Food and Drug Administration’s...more

Sour Grapes: Winery Minority Ownership Insufficient for Statutory Standing at Trademark Board

McDermott Will & Emery on 6/3/2024

The US Court of Appeals for the Federal Circuit affirmed the dismissal of a petition seeking to cancel the registered marks of two wineries, finding the petitioner (a trust owning an interest in a competitor winery) lacked...more

Back to the Future: Prior Third-Party Settlement Doesn’t Impact Future Trademark Licensees

McDermott Will & Emery on 9/7/2023

The US Court of Appeals for the Eleventh Circuit ruled that under certain circumstances a trademark licensee can bring a claim against a third party for unfair competition under the Lanham Act even if the licensing agreement...more

Hairy Situation: Trademark Act Doesn’t Provide Consumer Standing

McDermott Will & Emery on 6/1/2023

The US Patent & Trademark Office Trademark Trial & Appeal Board found that a consumer did not have standing to oppose an application for registration because the consumer failed to establish a commercial interest and injury...more

Three Point Shot - Summer 2020

Proskauer Rose LLP on 9/2/2020

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more

GOOGLES Wins Right to Sue Google

McDermott Will & Emery on 7/9/2020

The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a trademark dispute for lack of subject matter jurisdiction, noting that the dispute arose under contractual standing, which...more

Royal Palm Properties’ Trademark Gets Royal Treatment At The 11th Circuit

Akerman LLP - Marks, Works & Secrets on 3/5/2020

This trademark litigation arises out of a contentious real-estate rivalry in a very wealthy residential community called Royal Palm Yacht & Country Club in Boca Raton, Florida....more

When Abandonment Isn’t Abandonment: Use of an “Abandoned” Mark by a Subsidiary

Akerman LLP - Marks, Works & Secrets on 3/3/2020

The Trademark Trial and Appeal Board (the “Board”) recently held that AT&T Mobility, LLC (“AT&T”) had sufficient interest in its almost completely moribund CINGULAR name to oppose two pending trademark applications filed by...more

11th Circuit Decides Dispute on Kardashian’s Beauty Mark

Knobbe Martens on 6/7/2019

The Kardashian sisters were the celebrity endorsers for a cosmetic line previously called “Khroma Beauty” that was created and marketed by Boldface....more

Kardashians Walk - Trademark Licensee Has No Standing to Sue for Infringement

McDermott Will & Emery on 6/6/2019

The US Court of Appeals for the 11th Circuit held that an exclusive foreign licensee lacked standing to sue for trademark infringement in the United States and affirmed the district court’s grant of summary judgment. Kroma...more

European Licensee Lacked Sufficient Rights to Enforce Trademark Claim Against Kardashian Sisters

Dorsey & Whitney LLP on 4/11/2019

Can a licensee sue for trademark infringement under Section 43(a) of the Lanham Act? On April 1, 2019, the Eleventh Circuit issued its decision in Kroma Makeup EU, LLC v. Boldface Licensing + Branding, Inc. et al., and held...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Schwabe, Williamson & Wyatt PC on 8/15/2017

This was a busy week for precedential cases at the Circuit. In AIA v. Avid, the Circuit rules that there is no right to a jury trial as to requests for attorney fees under § 285. In Romag v. Fossil, a majority rules that the...more

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BakerHostetler on 8/10/2017

Kirsten Kjaer Weis, a respected Danish makeup artist who is well known by her initials “KKW” and for her KW-branded “natural, organic, luxury” cosmetics and skin care line, filed a complaint in late July against the queen of...more

Standing to Enforce Foreign Trademark Rights After Belmora v. Bayer Certiorari Denial

Jones Day on 3/7/2017

On February 27, 2017, the Supreme Court of the United States denied certiorari in Belmora LLC v. Bayer Consumer Care AG, 819 F.3d 697 (4th Cir. 2016), cert. denied, __ S. Ct. __, 2017 WL 737826 (U.S. Feb. 27, 2017) (No....more

Intellectual Property Bulletin - Winter 2017

Fenwick & West LLP on 2/10/2017

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Advertising Law - May 2016

Manatt, Phelps & Phillips, LLP on 5/7/2016

Kanye's Promise of Exclusivity a Siren Song, Suit Says - Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust...more

Fourth Circuit Extends Section 43(a) Lanham Act Standing to Companies Not Selling Their Product or Using Their Mark in the U.S.

Proskauer - Advertising Law on 4/1/2016

Last week, an appellate court held that a plaintiff has standing to bring a false association and false advertising claim under Section 43(a) of the Lanham Act, even though it did not use its mark or sell its competing...more

Glass Half Full for Russian Federation Successor’s Stolichnaya Infringement Saga (Fed. Treasury Enter. Sojuzplodoimport et al. v....

McDermott Will & Emery on 2/26/2016

Addressing issues of international comity, res judicata, and laches, the U.S. Court of Appeals for the Second Circuit affirmed in part and vacated in part the district court’s decision concerning a dispute over rights to the...more

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