The Supreme Court recently held Abitron Austria GmbH not liable for using Hetronic International, Inc.’s trademarks outside of the United States. Reversing the Tenth Circuit and resolving a circuit split, the Court held that...more
The Eighth Circuit recently upheld dismissal of Brothers and Sisters in Christ, LLC’s (“BASIC”) lawsuit against online marketplace Zazzle, affirming that “the bare-bones nature of BASIC’s allegations,” including Zazzle’s sale...more
Today, a unanimous Supreme Court held in Lucky Brand Dungarees, Inc. v. Marcel Fashions Group., Inc. that claim preclusion did not prevent Lucky Brand from asserting a defense it failed to fully litigate in a prior lawsuit...more
5/15/2020
/ Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The Ninth Circuit Court of Appeals recently held in VIP Products LLC v. Jack Daniel’s Properties, Inc. that the “Bad Spaniels” dog toy is an expressive work entitled to First Amendment protection. The court vacated the United...more
The Supreme Court of the United States recently granted certiorari in two trademark cases. In Romag Fasteners v. Fossil, the Court will consider whether courts can order trademark infringers to disgorge their profits without...more
7/8/2019
/ Appeals ,
Calculation of Damages ,
Certiorari ,
Claim Preclusion ,
Corporate Counsel ,
Fashion Design ,
Lanham Act ,
Res Judicata ,
Romag Fasteners v Fossil ,
SCOTUS ,
Split of Authority ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Willful Infringement
On Tuesday, the Ninth Circuit declined to vacate a district court’s ruling at the request of the parties after they reached a settlement of their trademark dispute.
In Reserve Media, Inc. v. Efficient Frontiers, Inc.,...more
The Ninth Circuit Court of Appeals recently held that the title of a webcast, which included two trademarks belonging to another party, constituted nominative fair use, which protected the defendants from trademark...more
2/7/2019
/ Advertising ,
Endorsements ,
Fair Use ,
Goods or Services ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Marketing ,
Nominative Fair Use Doctrine ,
Sponsors ,
Trademark Infringement ,
Trademarks