Posts in Trademark


Museum of Modern Art Wins Injunction Against MOMACHA On Merits of Trademark Infringement, Dilution Claims

U.S. District Judge Louis Stanton recently issued an opinion granting an injunction requested by New York City’s Museum of Modern Art (MoMA). The injunction prevents …
By Steve Brachmann
2 hours ago 0

Judge Denies Beyoncé Motion for Summary Judgment in Feyoncé Trademark Case

On Sunday, September 30th, U.S. District Judge Alison J. Nathan of the Southern District of New York signed a memorandum opinion and order that was officially …
By Steve Brachmann
2 days ago 0

Supreme Court Asked to Consider Immoral or Scandalous Trademarks

On September 7, 2018, the government filed a petition for writ of certiorari in the case relating to Eric Brunetti’s clothing brand, called FUCT. Although Brunetti has marketed …
By Brian Iverson
4 days ago 1

Trademarks: What Entrepreneurs Need to Know about Securing and Protecting Trademarks

Trademarks protect distinctive marks, such as brand names, logos, and designs.  This protection allows a trademark holder to exclude others from using the mark without permission of …

Trademark Application filed for ‘FitzMagic’, but not by QB Ryan Fitzpatrick

Whether Ryan Fitzpatrick opposes or otherwise challenges Minkah Fitzpatrick's registration of FitzMagic, one has to question the wisdom of seeking a trademark that NFL fans will associate …
By Steve Brachmann
15 days ago 0

Matal v. Tam: What’s New and What to Watch in Registration of Disparaging, Immoral, and Scandalous Trademarks

Many other related issues remain ripe for consideration in Brunetti and future cases. Most significantly, are trademarks considered “commercial speech?”  If so, laws relating to trademarks might …
By Brian Iverson
17 days ago 0

College, University Trademark Enforcement Campaigns Not a New Phenomenon

This activity has drawn a lot of attention and some commentators have gone so far as to decry these actions as “trademark bullying” carried out by powerful …
By Steve Brachmann
20 days ago 0

Registering your website with the Chinese government?

Doing business in China is exciting and potentially lucrative; however, there are “hidden” traps. Most of these hidden traps have been extensively discussed in the Western world – …
By Amy Hsiao
25 days ago 0

OEM Trademarks in the AfterMarket: Exploring the Boundaries

While there are certainly limits on how—and how much—aftermarket sellers can use OEM trademarks to communicate key information about aftermarket parts, the legal boundaries for …
By Susan Frohling
26 days ago 0

Managing international trademark portfolios in the Age of Globalization

Managing international trademark portfolios in the age of globalization can be a fickle endeavor.  Ecommerce has blown the top off traditional thinking as it relates not only …

Trademark Enforcement Campaign By Chicago Restaurant Aloha Poke Draws the Ire of Native Hawaiian Activists

In recent weeks, Chicago, IL-based Hawaiian cuisine chain Aloha Poke has become embroiled in a public relations nightmare over a trademark policing campaign which has created backlash …
By Steve Brachmann
1 month ago 0

Trademark Enforcement Implications of Europe’s General Data Protection Regulation (GDPR)

The WHOIS database provides technical information about the date of creation and expiration of a domain, as well as contact information for the registrant of a website, …
By Jennifer Theis
1 month ago 1

EP’s Louboutin Decision Opens the Door for U.S. Businesses to Protect Their Color/Shape Brands in Europe

The issue faced by the EU High Court was whether shape and color of Louboutin’s mark could be separated under the circumstances; i.e., whether color …
By Dr. Dariush Adli
1 month ago 1

Judge Denies Motions to Dismiss Fraud, Copyright Claims in ‘This Is Spinal Tap’ Lawsuit

In October 2016, the creators of the classic mockumentary film This Is Spinal Tap filed suit against a group of defendants including the French mass media conglomerate Vivendi …
By Steve Brachmann
1 month ago 0

Nintendo Files Copyright, Trademark Infringement Suit Against Operator of ROM Websites

Nintendo’s complaint targets the operator of LoveROMS.com and LoveRETRO.co who has made thousands of Nintendo titles available online for free from platforms including the …
By Steve Brachmann
2 months ago 2

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