News & Analysis as of

Counterfeiting › Trade Dress › Intellectual Property Protection

Brownstein Hyatt Farber Schreck

Emerging Counterfeiting Tactic: Private Label Marks to Evade Online Enforcement

Brownstein Hyatt Farber Schreck on

A new and increasingly sophisticated form of counterfeiting is challenging traditional brand protection strategies. Counterfeiters are now avoiding the use of well-known house marks and instead applying “private label” marks...more

Proskauer Rose LLP

Three Point Shot - August 2025

Proskauer Rose LLP on

Nike and Sneaker Customizer Lace Up a Settlement - On June 18, 2025, Nike, Inc. (“Nike”) and Dominic Ciambrone (“Ciambrone”), founder of the shoe customization outfit, The Shoe Surgeon, entered into a confidential...more

McDermott Will & Schulte

It’s an Old Tune: Third-Party-Use Evidence From Long Ago Can Support Genericness

McDermott Will & Schulte on

The US Court of Appeals for the Fifth Circuit found that the district court abused its discretion in wholesale exclusion of evidence on the issue of genericness. The evidence was offered to show prior use of a trade dress...more

Knobbe Martens

Choosing the Right IP to Protect Fashion Goods

Knobbe Martens on

It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to...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

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