In today’s ecommerce-driven economy, brand owners face a relentless challenge: unauthorized resellers who flood online marketplaces with products that undermine brand value, confuse consumers and compromise quality standards....more
In today’s volatile global trade environment, tariffs have become a double-edged sword for brands. Intended to protect domestic industries, tariffs often lead to unintended consequences that pose significant challenges for...more
A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her “vibe,” –...more
12/19/2024
/ Advertising ,
Copyright Infringement ,
Influencers ,
Intellectual Property Protection ,
Misappropriation ,
Personal Brands ,
Social Media ,
Tortious Interference ,
Trade Dress ,
Unfair Competition ,
Unfair Trade Practices Act ,
Unjust Enrichment
A lawsuit filed in a New York federal court has initiated a dispute between Mark Anthony, the owner of popular beverage brands like White Claw and Mike’s Hard Lemonade, and Prime Hydration, a hydration drink company founded...more
The US Supreme Court granted certiorari to review the 4th Circuit’s damages ruling in Dewberry Engineers v. Dewberry Group, which offers a unique examination of corporate separateness and the protection of trademarks under...more
9/13/2024
/ AIPLA ,
Amicus Briefs ,
Certiorari ,
Commercial Leases ,
Corporate Liability ,
Disgorgement ,
INTA ,
Lanham Act ,
Piercing the Corporate Veil ,
SCOTUS ,
Trademark Infringement ,
Trademarks
The internet, characterized by its borderless nature, has introduced significant challenges to the traditional concepts of personal jurisdiction in federal courts. This issue was recently highlighted in the First Circuit...more
The wild west of the e-commerce landscape keeps many trademark owners up at night trying to protect their brand. In the ever-expanding online marketplace, counterfeiters pop-up daily trying to make a quick buck passing off...more
In a David vs. Goliath-esque legal saga, Rogue Fitness (ROGUE), a well-known workout products company, finds itself embroiled in a trademark dispute against Rogue Ridge LLC (Rogue Ridge), a mountain bike seller. At the heart...more
Earlier this year, a rare case of copyright infringement was brought against the National Football League (NFL) and the Detroit Lions over a statue of Hall of Fame player Barry Sanders. The case, filed in January in New York...more
Is the dripping wax seal of Maker’s Mark famous? What about the Texas Longhorn Football logo – surely that’s famous, isn’t it? While many would say those are famous and indelible American symbols, in the area of trademark...more
Your partner’s battle with cancer came to a tragic end, a struggle intensified by their persistent cigarette smoking. Despite your repeated pleas for them to quit, the addiction proved too strong...more
The intersection of free speech and private business branding is once again in front of the Supreme Court of the United States. On June 5th, the Supreme Court decided to hear Vidal v. Elster, Case 22-704, an appeal from the...more
8/4/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Disparagement ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Matal v Tam ,
SCOTUS ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Written Consent
The United States Court of Appeals for the Sixth Circuit recently made a significant decision regarding the certification procedure for collective actions under the Fair Labor Standards Act (FLSA). In the case of Clark v. A&L...more
Amazon has been at war with unscrupulous actors and a new contender just entered the battlefield. An examination of various sites reveals the presence of AI-generated reviews. These reviews consistently incorporate the...more