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Intellectual Property Protection Lanham Act Trademark Infringement

Mayer Brown

Key Court Decisions: Functional and Generic Trademarks

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In this episode of The Upper Brand, Richard Assmus, Kristine Young, and Christa Cole delve into key court cases that have shaped trademark law. They explore the intricacies of functional and generic trademarks, with insights...more

Jenner & Block

Two Years After Abitron: Navigating the Limits of US Trademark Enforcement Abroad

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Two years after the US Supreme Court’s decision in Abitron Austria GmbH v. Hetronic International, Inc., US trademark owners and global businesses continue to grapple with its implications for cross-border enforcement. The...more

Seyfarth Shaw LLP

Papa’s Got a Brand New Bag, and it Might be Infringing – Cannabis Companies Clash Over Trademarks for Storage Bags

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IP cases in the cannabis industry are lighting up court dockets more and more. In a new case with potential for serious baggage, Kinzie Advanced Polymers, LLC (“Kinzie”) filed a federal lawsuit against a group of...more

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

Keeping Up With the Trademarks: The Role of Brands in Reality TV

“I love reality TV!” Cue the eyerolls. For many, admitting to watching reality TV is often done begrudgingly or dismissed as a “guilty pleasure.” But why the stigma? Reality television has it all: drama, competition, social...more

Troutman Pepper Locke

Why Should I Register My Trademark?

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You have a brand—a trademark—for your business. Perhaps it is a word, phrase, symbol, design, or a combination of these that identifies and distinguishes the source of goods or services. At its heart, trademark law is...more

Seyfarth Shaw LLP

I Don’t Wanna Grow Up, I’m a What Kind of Kid?  Toys R Us Takes on Vape R Us in Trademark Battle

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I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company...more

Loeb & Loeb LLP

Enos v. The Walt Disney Company

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District court grants Disney’s motion for summary judgment, holding it did not infringe plaintiffs’ copyright in blue-eyed ukulele-playing turtle character, but rather independently created its own musical turtle character,...more

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

A Reminder on the Benefits of a Federal Trademark Registration

During uncertain economic times, it may be tempting to forego the expense of filing for (or maintaining) a federal registration to protect a trademark, relying instead on common law rights acquired through use in commerce....more

Gordon Rees Scully Mansukhani

First Sale Doctrine Limitations: Key Trademark Law Considerations for Businesses

Third-party infringers are finding new ways to sell unauthorized products and profit from doing so.  As one example, the third-party seller buys products in bulk from the product owner, receiving a cheaper rate due to bulk...more

Mayer Brown

Non-Traditional Trademarks

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In the debut episode of The Upper Brand podcast, Mayer Brown attorneys Richard Assmus, Kristine Young, and Christa Cole delve into the evolving world of non-traditional trademarks—covering everything from colors and scents to...more

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

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

Ladas & Parry LLP

TTAB Sustains Opposition Based on Reputation Without Use in the United States

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TTAB sustains opposition based on reputation without use in the United States - UNITED STATES OF AMERICA Legal updates: case law analysis and intelligence - The opponent, owner of Venezuelan company La Montserratina,...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

Fox Rothschild LLP

The U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits From Named Defendants’...

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On February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendant’s affiliates could be held liable for payment of a disgorged...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

McDermott Will & Emery

Trade Dress Requires Separate Articulation and Distinctiveness Requirements

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The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a complaint for trade dress infringement and unfair competition, finding that the district court erred in requiring the...more

McDermott Will & Emery

Dog Toy Maker in the Doghouse (Again) for Tarnishing Jack Daniel’s Marks

Addressing this case for the third time, the US District Court for the District of Arizona found on remand that Jack Daniel’s was entitled to a permanent injunction after finding that VIP Products’ “Bad Spaniels” dog toy...more

Vorys, Sater, Seymour and Pease LLP

The Supreme Court and Intellectual Property in 2024-2025: What Was Decided, What Is To Come And What Was Declined

In wrapping up the 2023-24 term and embarking on the 2024-25 term, the Supreme Court was asked to decide a number of intellectual property cases. The Court issued several significant opinions in 2024 and has taken several...more

Dorsey & Whitney LLP

Repping Your School and How the Penn State Decision Ties In

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School merch is big business. Students want sweats, mugs and the like to show they belong at the school. Alums want merch to show they went to the school. Other purchasers want merch as an aspirational statement, or to...more

Fish & Richardson

USPTO Kicks “Hijacker” of Foreign Trademark Out the Door

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When, if ever, is it okay to use a trademark in U.S. commerce that is identical to another company’s mark used outside the U.S.? Courts have struggled with this issue for years, and the U.S. Patent and Trademark Office...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

Brownstein Hyatt Farber Schreck

Clandestine Use of Competitor’s Trademark and ‘Initial Interest Confusion’ Infringement

Businesses use several advertising tactics. Most are clearly presented to potential consumers in traditional ways such as text on a web page, posters, mailings, brochures, etc. Alternatively, some tactics to increase exposure...more

McDermott Will & Emery

Case Closed: OpenAI Prevails on Secondary Meaning

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The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of a preliminary injunction (PI) in a trademark action under the Lanham Act, stating that the district court’s ruling was not clearly erroneous...more

McDermott Will & Emery

“Conquesting”: Use of Rival’s Name as Keyword Search Term Isn’t Actionable Under Lanham Act

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Noting how rare it is for trademark infringement cases to be decided on summary judgment, the US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of summary judgment finding that the plaintiff law firm...more

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