Posts Tagged: trademark infringement


Infringing Influencers? Federal Judge Says Sponsored Blogger Can Face Trademark Infringement Liability

When an influencer is paid to promote a brand – and the brand’s name is trademark-infringing – can the influencer be on the hook for the infringement? A …

PUMA TOKYO 2021: Legitimate Mark or False Association with the Olympic Games?

What comes to mind when you read these city/year combinations: London 2012. Sochi 2014. Sydney 2000. Did you immediately think of the Olympics? The United States Patent and Trademark …
By Rachel M. Hofstatter
7 months ago 1

Is Litigation Threatening to Burst the [Red]bubble? Courts Weigh in On IP Implications of Redbubble’s Unique Online Marketplace

With brick-and-mortar stores closing at rapid paces and online sales surging, marketers are developing new models to facilitate sales through innovative online platforms. One of those new …

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 year 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
1 year 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
1 year 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
2 years 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
2 years 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
2 years 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
2 years 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
2 years 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
2 years 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
2 years 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
2 years 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
2 years ago 0