Posts Tagged: trademark infringement


Recent Trademark Developments: Four Cases Shaping the Law in the United States and Beyond

Trademark law has seen substantial developments in 2019 and 2020, with four major cases in the United States and Europe rising to the top. The U.S. Supreme Court (…
By Nancy Braman
1 month ago 0

Second Circuit Vacates Trademark Infringement Holding Against Costco For Use of the Term ‘Tiffany’

On August 17, the United States Court of Appeals for the Second Circuit vacated and remanded a decision of the district court in Tiffany & Co. v. Costco Wholesale …
By Rebecca Tapscott
2 months ago 2

Ninth Circuit Reverses Functionality and Fame Findings in Office Chair Trademark Case

On June 25, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Blumenthal Distributing v. Herman Miller, Inc. in which the appellate court …
By Steve Brachmann
4 months ago 0

3M Targets N95 Respirator Company’s Alleged Price-Gouging Scheme via Trademark Infringement Suit

On April 10, multinational corporation 3M filed a lawsuit alleging trademark infringement claims  against N95 respirator distributor Performance Supply, LLC, in the Southern District of New York. Central …
By Steve Brachmann
6 months ago 0

Bad Spaniels Make Bad Law: Ninth Circuit Says Dog Toy is an Expressive Work Entitled to First Amendment Protection

The U.S. Court of Appeals for the Ninth Circuit held that a squeaking dog toy resembling a bottle of Jack Daniel’s whiskey is an expressive …
By Jared Kagan
7 months ago 2

Space Force, Star Trek, and Strange New Worlds of Trademark Infringement

On January 24, 2020, the United States Space Force logo hit the news — and the photon torpedoes began to fly. Almost instantly, those familiar with the Star Trek Starfleet …
By James Creedon
9 months ago 5

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. …
By Michael Greenberg
10 months ago 0

Parallel Imports Officially Authorized in Ukraine, But Not for All Goods

In November, 2019, amendments to the Customs Code of Ukraine regarding the protection of intellectual property rights when moving goods across the customs border came into force. The …
By Ivan Nikitchenko
10 months ago 0

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, …
By Bruce Siegal
11 months ago 0

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 …
By IPWatchdog
1 year ago 0

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, …
By Andrew Avsec
1 year ago 2

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 …
By Nancy Braman
1 year ago 0

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 …
By IPWatchdog
1 year ago 0

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.…
By Nancy Braman
1 year ago 1

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 …
By Nancy Braman
1 year ago 0