Fighting knock-offs in the fashion industry is notoriously difficult. Copyright, trademark, and trade dress laws offer some protection for branding and marketing materials used to sell fashion products, as well as for...more
In the linked article about a trademark dispute, the author notes that the plaintiff claimed the defendant used a “copyrighted name.” Just a reminder: one can patent inventions, copyright creative works of expression, and...more
Often, individuals joining together on a project believe they should each own the name they choose. Indeed, it only seems fair. But having multiple owners of a single trademark is a recipe for trouble, and the partners would...more
7/8/2025
/ Business Entities ,
Business Ownership ,
Contract Terms ,
Corporate Governance ,
Intellectual Property Litigation ,
Joint Ownership ,
Lanham Act ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademarks
A lawsuit between the Chicago Cubs and the owner of a rooftop venue near Wrigley Field raises important questions about the scope of intellectual property rights and the extent to which a property owner can profit from the...more
In another in a long line of trademark imitation cases, Kellogg North America Co. LLC has filed a trademark and trade dress infringement lawsuit against a small Ohio-based food truck named L’eggo My Eggroll, arguing that the...more
It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions in which they have registered (or, in some cases, used) the mark....more
5/13/2025
/ Corporate Counsel ,
Foreign Trademark ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade ,
Jurisdiction ,
Trademark Cancellation ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks
When a third party purchases a manufacturer's goods intended for distribution outside of the U.S., and then imports those goods into and sells them to consumers in the U.S., the products are authentic, and so trademark...more
After being sued for trademark infringement, Oakland has hit back at San Francisco with a countersuit for declaratory relief. The declaratory relief decision will similarly answer the question of whether Oakland's use of the...more
Even with the A's leaving the Bay Area, we're getting an extra SF-Oakland matchup. This trademark infringement case will have some interesting issues to be decided (if it gets that far)...more
Actual confusion is considered the sine qua non of trademark infringement. The presence of actual confusion can carry the day in proving a likelihood of confusion entitling the claimant to summary judgment. But not all...more