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First Circuit: Lizzie Borden Themed Coffee Shop Serves Different Goods to Different Consumers from Guests at Lizzie Borden Bed and...

How many years must pass before a grisly murder can support a marketing effort? Apparently, something less than the 132 years since Lizzie Borden’s father and stepmother were axe murdered in Fall River, Massachusetts. (Yes,...more

Eleventh Circuit: First Amendment Means MTV Floribama Shore Does Not Infringe FLORA-BAMA Trademark

In MGFB Properties, Inc. v. Viacom Inc., the U.S. Court of Appeals for the Eleventh Circuit recently sided with Viacom and its subsidiary MTV in a trademark action brought by the owners of the Flora-Bama Lounge, who alleged...more

10th Circuit Declines to be the Exception and Follows Patent Act Standard for Prevailing Party Attorney’s Fees in “Exceptional...

Since the Supreme Court’s 2014 decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc., district courts have had expanded discretion to award prevailing party attorney’s fees in “exceptional cases” under the Patent...more

Seventh Circuit Upholds Trade Dress Protection for “Iconically Designed” Bodum Chambord French Press Coffeemaker

Bodum USA, Inc. manufacturers the Chambord French press, a nonelectric coffeemaker (Full disclosure: the author once owned a Bodum French press. It produced objectively delicious coffee). A French press is a cylindrical...more

Honey Badger Don’t Care About Trademark Infringement, But The Ninth Circuit Does

Long ago (by internet standards), a spoof of Discovery Channel-style nature videos went viral. “The Crazy Nastyass Honey Badger” is a three-minute montage of wild honey badgers running across the desert, hunting prey, and,...more

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