Posts in Trademark


Smells Like Trademark Infringement: Nirvana Sues Over Smiley Face Logo

On December 28, 2018, the limited liability company representing famed Seattle-area grunge rock band Nirvana sued clothing designer Marc Jacobs and fashion retailers Neiman Marcus and Saks Fifth Avenue …
By Gene Quinn & Steve Brachmann
17 hours ago 0

INTA Brief to WTO Revives Plain Packaging Debate

Australia’s Tobacco Plain Packaging Act (TPPA) was enacted in 2011 and prohibits all use of trademarks (other than word marks) on tobacco product packaging. The law seemingly …
By Eileen McDermott
2 days ago 2

International Trademark Filing Strategies: How, When & Where to File a Trademark Outside the U.S.

International trademarks were once only necessary for large scale businesses and corporations. In today’s global marketplace, however, nearly any business, especially a business with online exposure, …
By Josh Gerben
5 days ago 0

Iancu v. Brunetti: the Briefs Examined

The U.S. Supreme Court on January 4th granted certiorari to take up Iancu v. Brunetti on appeal from the Court of Appeals for the Federal Circuit. …
By Steve Brachmann
9 days ago 2

Supreme Court to Hear Second Case on Constitutionality of Lanham Act’s Scandalous and Disparaging Marks Provision

Whatever the Court decides, practitioners will welcome further clarity on the issue, since the Tam ruling was a 4 to 4 split decision with no real agreement on the …
By Eileen McDermott
10 days ago 0

Controlling Your Brand in the Age of Social Media

Trademark protection has never been more important than in today’s increasingly global economy. A company's name, trademark or service mark, trade dress and website domain name …

Williams-Sonoma Lawsuit Accuses Amazon of Offering Infringing Products for Sale Online

On Friday, December 14th, San Francisco, CA-based home furnishing retailer Williams-Sonoma filed a lawsuit in the Northern District of California alleging claims of trademark and design patent …
By Steve Brachmann
20 days ago 1

Girl Scouts File Trademark Complaint Against Rival Boy Scouts

The Girl Scouts of the United States of America have filed suit to force the Boy Scouts of America to put the “Boy” back into “Boy Scout.” …
By Tiffani Otey & Phil Gura
23 days ago 0

USPTO Releases 2018-2022 Strategic Plan to Optimize Timeliness and Quality

The U.S. Patent and Trademark Office recently released its 2018-2022 Strategic Plan, setting various goals to ensure high quality services for the agency’s customers and …
By Steve Brachmann
24 days ago 2

Monster Energy Prevails on Trademark and Trade Dress Infringement Claims, Wins Punitive Damages

Energy drink maker Monster Energy recently prevailed in its trademark and trade dress infringement lawsuit against Integrated Supply Networks (ISN), a maker of automotive tools and related …
By Steve Brachmann
27 days ago 0

Annie Sloan Wins Preliminary Injunction on Reverse Passing Off Claims Against Distributor

U.S. District Judge Mary Ann Vial Lemmon of the Eastern District of Louisiana entered a preliminary injunction order against Jolie Home, LLC and other defendants accused …
By Steve Brachmann
28 days ago 0

BIC Files Complaints at the ITC, EDNY Alleging Trademark Infringement of Pocket Lighters

Although many readers might be more familiar with patent infringement claims asserted in Section 337 actions at the ITC, BIC Vice President and General Counsel Steve Burkhart notes …
By Steve Brachmann
30 days ago 0

Cadbury’s Quest to Strengthen Color Trademark Leaves it Vulnerable Following Nestlé Battle

Registering a non-traditional trademark, such as sound clip, position mark, or a color, can offer a significant competitive advantage in a world where goods and services are …
By Sharon Daboul
1 month ago 0

Dangerous Counterfeits Becoming More Difficult to Avoid

While many holiday shoppers may think that they’re getting a bargain by purchasing goods displaying a particular brand without having to pay brand prices, these shoppers …
By Gene Quinn & Steve Brachmann
1 month ago 1

False Advertising, Free Speech, and the Fight Over Plant-based and Lab-Grown Meat Alternatives

Missouri made history in August 2018 when it became the first state to regulate the use of the word “meat” on product labels. The new legislation takes aim …
By Yitzchak Besser
1 month ago 3