National Football League (NFL) Hall of Famer Terrell Owens recently filed a lawsuit in Illinois state court against TMZ, accusing the news and media company of unauthorized use of his trademark, GETCHA POPCORN READY....more
5/7/2025
/ Celebrities ,
Entertainment Industry ,
Illinois ,
Jurisdiction ,
Lanham Act ,
NFL ,
Right of Publicity ,
Sports ,
Trademark Infringement ,
Trademark Litigation ,
Venue
To plead, or not to plead. That is a question trademark infringement plaintiffs will need to carefully consider with their legal counsel when deciding which parties to name as defendants in a lawsuit and which legal arguments...more
3/3/2025
/ Appeals ,
Business Litigation ,
Corporate Governance ,
Dewberry Group Inc v Dewberry Engineers Inc ,
Disgorgement ,
Lanham Act ,
Liability ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the...more
5/2/2024
/ Copyright ,
Damages ,
False Advertising ,
Intellectual Property Protection ,
Lanham Act ,
License Agreements ,
Misrepresentation ,
Reputational Injury ,
Right of Publicity ,
Trademark Registration ,
Trademarks ,
Unfair Competition
After enjoying several decades of acceptance across many circuit courts, the future of the so-called “Rogers test” is uncertain. Established in the landmark Second Circuit case Rogers v. Grimaldi, Rogers is a two-step test...more
3/29/2024
/ Consumer Confusion ,
Fair Use ,
False Endorsements ,
First Amendment ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Misleading Statements ,
Motion to Dismiss ,
Public Interest ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
USPTO
The Supreme Court finds that a “generic.com” mark can be a protectable trademark if there is evidence that consumers recognize it as a source indicator, i.e., the mark has achieved secondary meaning in association with the...more
7/7/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
AM General, LLC, owner of the intellectual property associated with the HUMVEE all-terrain military vehicle, has sued popular game maker Activision Blizzard, Inc. over the inclusion of HUMVEE intellectual property in the CALL...more