Posts Tagged: Lanham Act
Supreme Court’s Unanimous Decision in Romag Fasteners Resolves Split on Trademark Infringers’ Profits, But Raises Questions
Circuits have long split over whether willfulness is required before a trademark infringer’s profits may be awarded. Section 1117(a) of the Lanham Act allows an award …
USPTO Urges Supreme Court to Reverse in Now-Delayed Booking.com Case
On March 13, the United States Patent and Trademark Office (USPTO) filed a reply brief urging the Supreme Court on to reverse a judgment of the U.S. …
Greta Thunberg Does Not Need a Trademark Registration
Climate activist Greta Thunberg is reportedly planning to register her name as a trademark based on her fears that third parties will exploit her identity for commercial …
Supreme Court Poised to Reverse CAFC Trademark Decision on Willfulness as Prerequisite for Profits Award
On Tuesday, the Supreme Court heard oral arguments in Romag Fasteners v. Fossil, Inc., Fossil Stores, I. Inc., Macy’s Inc, and Macy’s Retail Holdings, Inc. …
Final Briefs Filed with SCOTUS in Romag Fasteners Case on Trademark Infringement Damages
On November 27, briefing concluded at the Supreme Court with the filing of Fossil’s respondent’s brief in Romag Fasteners, Inc., v. Fossil, Inc., et al. The …
From the Flea Market to the Online Marketplace: How Brand Owners are Fighting to Keep Infringers at Bay
Trademark and copyright enforcement remains a significant challenge for licensors of popular brands across sports, entertainment, fashion and other industries. The Organization for Economic Cooperation and Development, …
Facebook Sued by FinTech Company Over Calibra Logo
Facebook is being sued by online banking company, Finco Services, Inc., which operates as Current, for trademark infringement, unfair competition, and false designation of origin relating to …
Patagonia Case Cautions Against Rule 12 Motions to Dismiss Dilution Claims
The U.S. District Court for the Central District of California recently issued a decision in the closely watched Patagonia, Inc. v. Anheuser-Busch, LLC, 19-CV-02702 case. Here, …
Michigan Court Dismisses Trademark Suit Between Ready for the World Band Members
The U.S. District Court for the Eastern District of Michigan, Southern Division, on September 9 granted Motions to Dismiss in favor of all defendants in a federal …
Romag Fasteners: IPO Departs From Other Amici in Urging SCOTUS to Require Willfulness to Award Trademark Profits
The Intellectual Property Owners Association and four other associations have filed amicus briefs with the Supreme Court in the case of Romag Fasteners v. Fossil, Inc., Fossil …
Monster Energy Appeals to Ninth Circuit Following District Court Denial of Injunction Against ISN
In the most recent development in a case between energy drink brand Monster Energy Company and maker of automotive tools Integrated Supply Network, LLC (ISN), the U.…
Eleventh Circuit Affirms Contributory Trademark Infringement Verdict Against Landlord for Luxury Eyewear Manufacturers
On August 7, the U.S. Court of Appeals for the Eleventh Circuit affirmed a jury verdict from the U.S. District Court for the Northern District of …
Second Circuit Ruling on “Velocity” Trademark Clarifies Standards For Awards in Lanham Act Cases
The U.S. Court of Appeals for the Second Circuit issued a decision in an appeal from the U.S. District Court for the Southern District of …
Seventh Circuit Finds Gatorade’s Use of ‘Sports Fuel’ in Its Slogan Constitutes Fair Use
The United States Court of Appeals for the Seventh Circuit last week ruled that well-known sports drink maker Gatorade's use of the slogan, ““Gatorade The Sports Fuel …
The Trademark Cases the Supreme Court Will Hear Next Term
On June 28, the U.S. Supreme Court granted certiorari to take up a pair of cases that could affect how trademark cases are argued in federal courts. …
