Posts Tagged: "Trademark Injunction"

British luxury fashion brand Burberry filed a complaint alleging trademark infringement and dilution against American retailer Target Corporation in the Southern District of New York. At issue in the case is the sale of scarves and other fashion items in Target stores which include a pattern closely resembling the iconic Burberry check trademark.

A resounding en garde was declared by California craft beer brand Stone to MillerCoors, the second largest beer company in the United States, over the alleged taking of their brand recognition. On February 12, 2018 Stone Brewing filed a federal complaint alleging trademark infringement, false designation of origin, trademark dilution, and California unfair competition. The complaint requests preliminary and permanent injunction, declaratory relief, and both actual and treble damages on the basis of willful trademark infringement by MillerCoors… A particularly interesting factor in this case is likelihood of irreparable harm. MillerCoors may find room for defensive maneuvers due to recent shifts in the standard for proving irreparable harm.

After a bench trial, United States Federal District Court Judge Stefan Underhill ordered Voss Laundry Solutions to pay more than $1 million in attorney fees, attorney costs and penalties to its former German parent. The defendant had at one time been a subsidiary of the plaintiff. After the two companies split, the defendant Voss Laundry continued to use the Lavatec name. Interestingly, the vast majority of the $1 million award comes from attorneys fees.

Trademark injunctions must take into account both online promotion and future expansion plans. A narrowly-tailored geographically limited injunction can be particularly damaging to growing businesses if the business is forced to accept trademark confusion in the event of future expansion. The geographic scope of a trademark injunction should, therefore, carefully take into consideration the total services, activities, and growth plans of the successful plaintiff’s business endeavors.