Under federal trademark law, a winning trademark owner can seek a defendant’s profits from infringing use of the trademark. But just who is the “defendant” whose profits can be reached? Is it the corporate affiliate of the...more
3/13/2025
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Corporate Governance ,
Damages ,
Dewberry Group Inc v Dewberry Engineers Inc ,
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Enforcement Actions ,
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Trademark Infringement ,
Trademark Litigation ,
Trademarks
When you see a T-shirt or hat with a recognizable, old logo on it, do you look to the current brand owner as its source? Universities and companies will often try to protect their goodwill in these images even after they have...more
Trademark owners may howl at the artistic and humorous use of their marks by someone else, but that use might be protected as fair use. Trademark owners’ ears perked up at an appeals court holding last year that parody is a...more
Suppose you walk into a greasy cheeseburger joint and ask for a Coke®. A cook who looks remarkably like the late John Belushi doesn’t say, “No Coke; Pepsi.” Instead, he says, “You want Coke? Have a Pepsi!” and you buy the...more
In a recent case that will raise the stakes for companies involved in contentious administrative trademark proceedings, the U.S. Supreme Court held that the administrative tribunal, the Trademark Trial and Appeal Board...more