The United States Supreme Court issued a unanimous decision in Dewberry Group, Inc. v. Dewberry Engineers Inc., vacating a nearly $43 million profits award and remanding the case for further consideration. The Court concluded...more
2/27/2025
/ Appeals ,
Corporate Veil ,
Damages ,
Evidence ,
Intellectual Property Litigation ,
Lanham Act ,
Profits ,
Remand ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Unfair Competition ,
Unfair Competition Law (UCL)
How far does the Lanham Act’s reach extend? The Supreme Court gave us one answer in Abitron Austria GmbH et al. v. Hetronic International, Inc. and made it simple: not very far....more
6/30/2023
/ Abitron Austria GmbH v Hetronic International Inc ,
Extraterritoriality Rules ,
Foreign Sales ,
Intellectual Property Protection ,
Lanham Act ,
Likelihood of Confusion ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Use in Commerce
Humor matters, but it’s not the most important thing when considering a trademark infringement or dilution claim. In a decision with references to The Hangover Part II, Aqua’s song “Barbie Girl” (good luck not getting that...more
6/9/2023
/ Cease and Desist ,
Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Justices of the Supreme Court will soon put on their whiskey glasses to decide the proper tests for infringement and dilution claims involving humorous use of another’s trademark. The Court granted certiorari in November to...more
A federal district court has eliminated a cannabis company’s affirmative defense to federal trademark infringement claims based on the company’s prior use of a trademark that was legal under state law but not federal law. The...more
2/21/2020
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Corporate Counsel ,
Counterclaims ,
Defense Strategies ,
Lanham Act ,
Preemption ,
Prior Use ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
A dispute over the trademark KIVA involving use of the mark with health food and cannabis continues to smolder in the Northern District of California.
In late 2018, Kiva Health Brands (a national health food and...more
1/9/2020
/ Affirmative Defenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Common Law Claims ,
Counterclaims ,
Dietary Supplements ,
Federal Trademark Register ,
Laches ,
Motion for Summary Judgment ,
Preemption ,
Prior User Rights ,
Trademark Litigation ,
Trademarks
If you missed the 2019 Annual Meeting of the International Trademark Association in Boston, or if you were there but were spending time with colleagues and friends, the Dorsey trademark team is here to provide a brief...more
6/7/2019
/ Artificial Intelligence ,
Blockchain ,
Intellectual Property Protection ,
International Trademark Protection ,
Investigations ,
Professional Conferences ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
WIPO
You might want to think twice before registering a domain name containing a competitor’s personal name or trademark. Three-time Tour de France winner Greg LeMond put his “pedal to the metal” recently, suing two Minnesota...more