News & Analysis as of

Appeals Breach of Contract Trademarks

McDermott Will & Schulte

Victory lap: Extraterritorial injunction permitted for breach of settlement agreement

The US Court of Appeals for the Fourth Circuit upheld a permanent injunction, concluding that the district court properly determined that a party’s violation of a settlement agreement would lead to irreparable harm. Wudi...more

McDermott Will & Schulte

State court action doesn’t create reasonable apprehension of related federal claims

Addressing whether a federal district court had jurisdiction over an action for declaratory relief that certain trade secrets and trademarks were invalid and not infringed, the US Court of Appeals for the Eighth Circuit...more

Proskauer Rose LLP

Three Point Shot - June 2025

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Hubble-Bubble in the Chewing Gum Industry: Big League Chew and Licensee Stretch Arguments in Ongoing Trade Dress Suit - The business relationship between Big League Chew Properties LLC (“Big League Chew”), the owner of...more

Loeb & Loeb LLP

Carroll Shelby Licensing, Inc. v. Halicki

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Ninth Circuit holds that custom Ford Mustang called “Eleanor,” which appeared in four films from 1974 to 2000, is not entitled to character copyright protection under Towle test and that licensor of custom car design did not...more

A&O Shearman

Supreme Court Limits Scope Of Damages Awards In A Trademark Infringement Action

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On February 26, 2025, the Supreme Court of the United States issued a unanimous decision limiting the Lanham Act’s scope of damages in a trademark infringement action. The case involves a trademark dispute between two...more

McDermott Will & Schulte

Smart Choice: Survey Design Didn’t Render Survey Unreliable

Underscoring its faith in a jury’s competency to use its “common sense and experience” in evaluating evidence, the US Court of Appeals for the Ninth Circuit affirmed a district court’s judgment in favor of the defendants in a...more

McDermott Will & Schulte

Disgorgement of Profits Appropriate Remedy for Breach of Contract, Trademark Infringement

In a trademark infringement and breach of contract case involving real estate companies with a shared name, the US Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the trademark owner, including...more

McDermott Will & Schulte

Color Me Unsurprised: No Preclusion of Plaintiff’s Claims

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The US Court of Appeals for the Seventh Circuit reversed the lower court’s order determining that the plaintiff’s federal lawsuit was barred under the doctrines of claim and issue preclusion, noting an Illinois law exception...more

McDermott Will & Schulte

Can't Camouflage Express Trademark Contract Terms

Addressing a range of trademark licensing issues, including discretionary approval, exculpatory contract clauses and third party beneficiary standing, the US Court of Appeals for the Federal Circuit affirmed a lower court’s...more

McDermott Will & Schulte

Cookie Crumbles Against Injunction Granted to Terminated Trademark Licensee

Concluding that a terminated exclusive trademark licensee failed to establish the elements required to impose a preliminary injunction, the US Court of Appeals for the 10th Circuit reversed the district court’s grant of a...more

McDermott Will & Schulte

Grill Trademark Dispute Is Overdone, but Contract Battle Sizzles On

Addressing—for the second time—the ownership of certain trademarks after sale of the relevant business, the US Court of Appeals for the Fifth Circuit concluded that the trademarks and goodwill associated with a single...more

Morrison & Foerster LLP

The Supreme Court Clarifies a Trademark Licensee’s Rights After Rejection in Bankruptcy

The Supreme Court’s recent decision in Mission Product Holdings, Inc., v. Tempnology, LLC clarifies that a debtor-licensor’s rejection of a trademark license under § 365(a) of the Bankruptcy Code is treated as a breach, and...more

Proskauer Rose LLP

Three Point Shot - December 2017

Proskauer Rose LLP on

Showdown over Mayweather – McGregor Streaming Glitches Knocked out of District Court - All boxing fan Victor Mallh ("Mallh" or "Plaintiff") wanted for the holidays this year was a chance to stand toe-to-toe with...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Proskauer Rose LLP

Three Point Shot - December 2016

Proskauer Rose LLP on

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

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