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
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
With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year.
In 2024, media and entertainment businesses will focus on whether the longstanding tenet...more
3/27/2024
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Authorship ,
Business Development ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Copyright ,
Copyright Office ,
Defamation ,
Entertainment Industry ,
EU ,
Fair Use ,
General Data Protection Regulation (GDPR) ,
Jack Daniels Properties Inc v VIP Products LLC ,
Machine Learning ,
Media ,
MLB ,
NBA ,
NHL ,
SCOTUS ,
UK ,
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
Earlier this month, the Supreme Court unanimously sided with fashion brand Lucky Brand Dungarees, Inc. (LB) resolving its decades-old dispute with Marcel Fashion Group, Inc. (Marcel).
The victory came on technical...more