News & Analysis as of

Damages Intellectual Property Protection Trademark Litigation

Felicello Law PC

What to Expect in a Copyright or Trademark Infringement Lawsuit

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No matter what type of business you are in, trademark and copyright law can have significant effects on success and growth of your business. Both of these areas of law provide important rights over the intellectual property...more

McGlinchey Stafford

The #1 Reason to Register Your Trademark

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There are many valuable benefits of registering one’s trademark with the United States Patent and Trademark Office (USPTO). A cursory Internet search will yield dozens of articles on the “Top 10” or “Top 5” reasons to...more

Foster Garvey PC

Shared Names, Separate Profits: What Dewberry Tells Us About Trademark Liability

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The U.S. Supreme Court’s unanimous ruling in Dewberry Group v. Dewberry Engineers Inc. (23-900 (604 U.S. _____ (2025)), provides important guidance on corporate separateness, trademark enforcement and the scope of damages...more

Katten Muchin Rosenman LLP

UK-Based Graffiti Artists Sue Vivienne Westwood in California for Misuse of Their Tags

“In a culture where association with philistines is a death knell,” UK-based graffiti and street artists Cole Smith, Reece Deardon and Harry Matthews have brought a lawsuit against Vivienne Westwood and retailers of the brand...more

Seyfarth Shaw LLP

A RAW Deal – Court Opens the Door for Profit Disgorgement in Cannabis Trademark Case

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Last year, the case of BBK Tobacco & Foods LLP v. Central Agriculture Inc. made headlines in the trademark world when the Ninth Circuit held that district courts have jurisdiction to alter or cancel trademark applications. ...more

Jones Day

Affiliates (Currently) Off the Hook: Supreme Court Vacates $43M Trademark Infringement Award

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The Supreme Court vacates a decision treating a company and its affiliates as "one and the same" for purposes of disgorging profits for trademark infringement under the Lanham Act, but leaves many questions unaddressed....more

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

Supreme Court Overturns Nearly $43 Million Trademark Infringement Award Based on Section 35 of the Lanham Act

The U.S. Supreme Court’s opinion in the Dewberry Group, Inc. v. Dewberry Engineers Inc. case was released Wednesday. In a unanimous opinion, the Court found that Section 35 of the Lanham Act, which provides that a plaintiff...more

Katten Muchin Rosenman LLP

The Nittany Lions Are the Champs … Trademark Champs - The Katten Kattwalk/Kattison Avenue | Issue 4

Many eyes were on the Nittany Lions this past year as sports pundits speculated The Pennsylvania State University (Penn State) would make it to the College Football National Championship. But those with an interest in...more

Fenwick & West LLP

Ninth Circuit Upholds Significant Trademark Damages Award

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In a closely monitored appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a $56 million damages award against beverage company Molson Coors in Stone Brewing Co., LLC v. Molson Coors Beverage...more

Erise IP

What’s Trending in Trademarks: January 2025

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: USPTO...more

Erise IP

What’s Trending in Trademarks, October 2024: T.I., Tiny Win $71.5M Verdict for OMG Girlz, Second Circuit Holds Against 1-800...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third...more

McDermott Will & Emery

Robbing Peter to Pay Paul? Supreme Court to Consider Scope of Lanham Act “Defendant’s Profit” Award

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The Supreme Court has agreed to consider the breadth of a damages award in a long-running trademark dispute between two real estate companies. Dewberry Group, Inc. v. Dewberry Engineers, Inc., Docket No. 23-900 (Supr. Ct....more

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

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

McDermott Will & Emery

Remedies as Big as Your Bamba

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Following the district court’s finding of trademark infringement on summary judgment, the US Court of Appeals for the Sixth Circuit affirmed the district court’s subsequent award of profits, costs and attorneys’ fees in favor...more

McDermott Will & Emery

Burst That Bubble: Specific Knowledge Necessary to Prove Contributory Trademark Infringement

The US Court of Appeals for the Ninth Circuit addressed contributory trademark infringement for the first time, finding that specific knowledge is required for liability to attach. Y.Y.G.M. SA, DBA Brandy Melville v....more

McDermott Will & Emery

Supreme Court Limits the Lanham Act’s Extraterritorial Reach

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In a decision that may make it more difficult for brand owners to enforce their marks against infringers located outside of the United States, the Supreme Court of the United States vacated the judgment of the US Court of...more

Foster Garvey PC

Stone Brewing Co. LLC v. Molson Coors Brewing Company – Ruling in Trademark Infringement Brewery Battle Serves Up Important...

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On March 25, 2022, after a contentious, four year-long court battle, a jury awarded Stone Brewing Co. $56 million in damages against beer conglomerate MillerCoors, now Molson Coors, finding that MillerCoors infringed the...more

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

MarkIt to Market® - April 2021: Sole Mates (or Not) – Takeaways from Nike v. Satan Shoes

It was hard to escape news last month of the “Satan Shoes” collaboration between Lil Nas X and Brooklyn art collective MSCHF Product Studio (“MSCHF”). The limited (666 pairs) release of custom red and black Nike Air Max...more

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

MarkIt to Market® - April 2021

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - IP Litigation Trends: Are Large IP Litigation Damages Awards Here to...

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Intellectual property infringement damages awards have been on the rise, with several recent patent damages awards in the billions of dollars. On the latest episode of Trending Now - An IP Podcast, Tom Bergert, Clint Brannon...more

International Lawyers Network

Businesses Beware: Depreciation in Goodwill Claims Not Bound By Industry Lines

The Federal Court of Canada (the “FCTD“) recently released Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, in which it considered whether a cannabis company, Herbs “R” Us Wellness Society (“Herbs R Us“), had...more

Robins Kaplan LLP

The Seventh Circuit Affirms a Pleading Error to the Tune of $5 Million

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Despite winning a trademark infringement lawsuit, the Seventh Circuit held the plaintiff was not entitled to almost $5 million in additional damages because it incorrectly included the main defendant’s corporate divisions as...more

Foley & Lardner LLP

Legal and Equitable Profit Disgorgement in a Trademark Case

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In many instances, trademark and trade dress cases are directed to injunctive relief, with damages being almost an afterthought. Not sharply focusing in damages from the outset of a case may be a mistake, particularly given...more

WilmerHale

Enforcing IP Rights In China: A Road Map For US Companies

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The United States loses between $225 and $600 billion each year due to misappropriation of intellectual property — an estimated 50-80 percent of which has been attributed to China. While Chinese officials have taken steps to...more

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