Posts in Trademark


Lex Machina’s Q2 litigation update shows trends influenced by TC Heartland and Oil States

During the second quarter of 2017, a total of 1,138 patent cases were filed at the U.S. district court level, an increase of 18 percent when compared to first …
By Steve Brachmann
24 minutes ago 0

The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

The Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a reverse confusion theory in Marketquest Group v. BIC, Case No. 15-55755 (9…
By Angel Chiang & Eric Ball
6 days ago 0

Ninth Circuit Confirms Willfulness is Required to Award Profits in Trademark Cases

As Stone Creek deepens the divide among circuits, the issue of whether willfulness is required for disgorgement of a defendant’s profits in trademark cases is ripe …
By Shannon Turner & Eric Ball
6 days ago 0

JPO Decides WHITNEY HOUSTON Trademark is Descriptive When Used on Music Recordings

At an initial examination proceeding, JPO examiner refused the trademark with respect to all goods in class 9 on the grounds that consumers can easily perceive or conceive …
By Masaki Mikami
6 days ago 0

The Growing Problem of Online Counterfeit Products

Many states have statutes that make counterfeiting a state crime, but often only if the trademark is registered in that state. According to Lo Cicero, state registrations …

Neighboring booths at IDEA World 2017 locked in trademark infringement case over fitness equipment

At this year’s IDEA World, TRX’s booth is very close to Aktiv Solutions, a distributor of fitness equipment. The two are only separated by one …
By Steve Brachmann
7 days ago 3

Wrigley sues Chicago area e-cig firm over Doublemint, Juicy Fruit liquid vapor products

Chicago-based chewing gum company Wm. Wrigley Jr. Company filed a trademark infringement suit against e-cigarette seller Chi-Town Vapers LLC of Bensenville, IL. The suit targets Chi-Town for …
By Steve Brachmann
8 days ago 1

Kroger files suit against Lidl alleging trademark infringement of private grocery food label

Cincinnati, OH-based grocery retailer Kroger Company (NYSE:KR) recently filed a trademark infringement suit against German-based discount supermarket chain Lidl over a private food label. The suit, …
By Steve Brachmann
12 days ago 1

Who Owns the Rights to the Word ‘Covfefe’?

“Filing a trademark application with the goal of claiming a right to a particular term – with nothing more – is a fundamental misunderstanding of our trademark laws,” Alston & …
By Amanda G. Ciccatelli
16 days ago 0

Are Beyoncé and Jay Z committing fraud on the USPTO?

It appears that Beyoncé’s trademark filing activities raise the question as to whether she, through her trademark holding company, is attempting fraud on the USPTO. "Fraud" …
By Steve Brachmann
17 days ago 5

How Does the UK Trade Mark Registration System operate?

The news headlines are becoming ever more populated with stories of big brands trying and failing in some instances to register a trade mark for their product. …
By Gemma Trencher
17 days ago 0

Warner Bros. settles $80M copyright suit brought by Tolkien estate over LOTR online video and casino gambling games

On July 5th a federal judge entered an order granting the dismissal of a copyright case, which had been filed by the estate of famed English fantasy …
By Steve Brachmann
19 days ago 1

Free Webinar: Counterfeiting Battles and Combating Repeat Infringers

I will host a free webinar on Monday, July 10, 2017 at 12pm ET. The title of our discussion is Combating Repeat Infringers, but we will address the issue …
By Gene Quinn
20 days ago 0

Supreme Court Ruling Opens Door to Additional Constitutional Challenges to the Lanham Act

The Supreme Court ruled that the anti-disparagement clause in the Lanham Act violates the Free Speech Clause in the First Amendment. Matal v. Tam. As a result, …
By Damian R LaPlaca
21 days ago 0

Why Gene Simmons Abandoned His ‘Devil Horns’ Trademark Application

Earlier this month, Kiss frontman Gene Simmons filed to trademark the "Devil Horns" hand gesture, but this unusual application was soon after abandoned. The application listed the …
By Amanda G. Ciccatelli
28 days ago 0