News & Analysis as of

Brand Trademark Infringement Trade Dress

Weintraub Tobin

(Podcast) The Briefing: Trademark Basics – Protecting Names, Logos, and Brands in Entertainment

Weintraub Tobin on

From podcast names to iconic sounds, trademarks shape the entertainment world. In this episode of The Briefing, Scott Hervey and Richard Buckley break down what trademarks are, how to get one, and why creators must protect...more

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

Ropes & Gray LLP on

Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more

ArentFox Schiff

Ford Rears Bronco Head Against Vintage Modern for Trademark Infringement, False Advertising, and Unfair Competition

ArentFox Schiff on

Ford is seeking to stop an aftermarket restoration company from the alleged unauthorized use of the Bronco trademark and trade dress in connection with the rebuild of modern Ford Broncos. The case raises questions of whether...more

K&L Gates LLP

Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 2: Combatting Dupes and Copycats...

K&L Gates LLP on

Everybody knows that trade marks are necessary to protect a brand’s logo and name, and a lot of people know that registered designs are a powerful tool in stopping counterfeit goods, but did you know these rights can also be...more

Fenwick & West LLP

Dupe or Deception? What e.l.f.’s Win Over Benefit Means for Beauty Brands

Fenwick & West LLP on

The battle over beauty “dupes” just got more interesting. In a major win for e.l.f. Cosmetics, a California federal judge ruled that its Lash ’N Roll mascara doesn’t infringe the trademarks and trade dress of Benefit...more

Offit Kurman

Branding the Produce Aisle: Appealing to Consumer Tastes

Offit Kurman on

Brands are taking over the produce aisle at the grocery store. They have already conquered the cereal aisle, the soda aisle, the chips aisle, and the cookie aisle (my favorite). While there have always been produce brands...more

Baker Donelson

Ruling Affirmed: Redemption Diluted Bulleit's Bottle Design

Baker Donelson on

The Second Circuit issued a ruling on May 28, 2024, in a trade dress case, affirming the district court's decision that Redemption Whiskey diluted the trademark and trade dress rights of Bulleit Whiskey since Redemption's...more

Sunstein LLP

Supreme Court to Hear the “Bad Spaniels” Case

Sunstein LLP on

On November 21, 2022, the United States Supreme Court granted a petition for certiorari in Jack Daniel’s Properties, Inc., v. VIP Products LLC. The case is an appeal of a Ninth Circuit decision which held, among other things,...more

Miller Nash LLP

THC-Infused Candies are All Tricks, No Treats, Says Candy Maker

Miller Nash LLP on

Just in time for Halloween, Ferrara Candy Co., owner of popular candy brands such as NERDS, TROLLI, and SWEETARTS, filed infringement suits against companies making and selling cannabis edible versions of their sweet treats....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2021: Persistence Pays Off – A Series of Monster Trademark Disputes

Monster Energy Co. (“Monster Energy”), frequent trademark plaintiff, recently found itself on the receiving end of a trademark infringement lawsuit brought by California company Outdoor Pro Shop, Inc. (“Pro Shop”). Pro Shop’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2021

The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more

McCarter & English, LLP

A Refresher On The Importance Of Trademarks And Trade Dress In The Food And Beverage Industry

The quality, taste, and appearance of food and beverage products are important, but there are other aspects of those products that also contribute to, and even sustain, their commercial success. In particular, the...more

Snell & Wilmer

Ninth Circuit Holds “Bad Spaniels” Dog Toy Is an “Expressive Work”

Snell & Wilmer on

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

Sunstein LLP

Humvee Goes Into Battle: Will Its Trademarks Leave Tread Marks on Video Game Makers?

Sunstein LLP on

The realism of video games is intensified by the inclusion of products and brands we recognize from daily life. Can the thrill of such verisimilitude coexist alongside the rights of trademark owners?...more

Dorsey & Whitney LLP

No Free Ride for Copycat Perfume Company – Fair Use Rejected, False Advertising Found, Accounting of Profits Awarded

Dorsey & Whitney LLP on

Well-known perfume marketer Coty Inc. had a big win in New York federal district court, obtaining injunctive relief and $6.5 million dollars in an accounting of profits from copycat perfume seller Excell Brands, LLC. In an...more

Weintraub Tobin

Wine And Spirits Are not Always Confusingly Similar

Weintraub Tobin on

Brand litigation can be extreme in the consumer products space and even more so for alcoholic beverages (legal cannabis brand owners take note and start stockpiling your war chest). It’s not uncommon for litigation to arise...more

Bennett Jones LLP

Captain Morgan Defeats Admiral Nelson in a Rum Branding Battle

Bennett Jones LLP on

The victory in the fight between two rum competitors demonstrates that unregistered trade dress rights are alive and well in Canada, admissible survey evidence remains a useful tool for proving confusion, and a competing...more

Knobbe Martens

The Top Hits: Fashion Cases with a Big Impact

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Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

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