Posts Tagged: trademark litigation
Court of Justice of the European Union Provides Guidance on EU Trade Mark Jurisdiction
The Court of Justice of the European Union (CJEU) has ruled that an EU trade mark (EUTM) proprietor may bring an infringement action in an EU Member …
Why the Internet Has Become the Smart Way to Do Trademark Surveys
A few years ago, internet surveys in intellectual property (IP) litigation were novelties—but not anymore. In fact, the internet survey has more than come of age, …
Five Practical Settlement Strategies to Get Your Client Out of Dodge
Let’s face it, intellectual property (IP) litigation is a very expensive and risky endeavor. For the accused infringer, the prospect of going to trial means high …
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 …
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.” …
Preliminary Injunction Granted to Alibaba Against AlibabaCoin Cryptocurrency Operators
On Monday, October 22nd, U.S. District Judge J. Paul Oetken of the Southern District of New York entered an opinion and order in a trademark case …
Judge Denies Motions to Dismiss Fraud, Copyright Claims in ‘This Is Spinal Tap’ Lawsuit
In October 2016, the creators of the classic mockumentary film This Is Spinal Tap filed suit against a group of defendants including the French mass media conglomerate Vivendi …
Burberry Sues Target Over Sale of Fashion Products Using Burberry Check Design
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 …
Messy Trademark Case Over ‘The Sloppy Tuna’ Gets Cleaned Up by the Second Circuit
???In Montauk U.S.A. v. 148 South Emerson Associates the Second Circuit vacated-in-part an earlier ruling in a trademark case. In that ruling, the district court denied …
Florida Restaurateurs Face Off in Trademark Suit Over Frenchy’s Name
On February 20th, Clearwater Beach, FL-based restaurateur Frenchy’s Corporate filed a suit alleging trademark infringement against the owners and operators of Frenchy’s Pizzeria & Tavern, …
Craft Beer vs. Big Beer Trademark Suit May Test 9th Circuit’s ‘Irreparable Harm’ Standard
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 …
Can the name of a fictional, intergalactic game evolve into a trademark protectable in the world of mere groundlings?
In its latest action in a multi-jurisdictional conflict with a mobile gaming producer, Lucasfilm Ltd. LLC and Lucasfilm Entertainment Company Ltd. LLC filed a complaint for trademark …
Jury Awards San Diego Comic Convention Corrective Advertising Damages Against Salt Lake Comic Con Organizers
A jury in the Southern District of California entered a special verdict form in a trademark case playing out between a couple of American pop culture conventions. …
Lex Machina’s 2017 Trademark Litigation Report Shows High Percentage of Overall Damages Awarded on Default Judgment
Looking at the types of damages being awarded in trademark cases and how they’re being awarded, it’s highly likely that most damages awarded in these …
Creators of This Is Spinal Tap sue Vivendi for $400M over breach of contract, declaratory judgment of copyright reversion claims
On Thursday, October 19th, the creators of the 1984 rock band mockumentary This Is Spinal Tap filed a second amended complaint against French mass media company Vivendi SA (…
