Jury Trial, Appeals, Trademarks

Not So Fast...Online Retailer Wants New Trademark Trial Against Penn State

Katten Muchin Rosenman LLP on 7/22/2025

In the ongoing trademark dispute between The Pennsylvania State University (Penn State) against online retailer Vintage Brand, LLC (Vintage), along with its manufacturer and distributor Sportswear Inc. d/b/a Prep Sportswear...more

Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

McDermott Will & Emery on 5/15/2025

Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more

Trademark Claim for Profit Damages Means No Jury Trial

McDermott Will & Emery on 6/11/2020

The US Court of Appeals for the Ninth Circuit affirmed a denial of a jury trial demand in a trademark infringement lawsuit where only a claim of disgorgement of profits was at issue. JL Beverage Company, LLC v. Jim Beam...more

No Jury Trial for Trademark Infringement Claims

McDermott Will & Emery on 7/11/2019

In finding a fair use defense and no “likelihood of confusion” in a cosmetics trademark infringement dispute, the US Court of Appeals for the 11th Circuit also considered, as an issue of first impression, whether the Seventh...more

RED GOLD for Jewelry: Obviously Generic (Or Maybe Not…)

Knobbe Martens on 4/12/2017

On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more

9th Circuit Cannot Make Up Its Mind

Fish & Richardson on 11/6/2015

In a drama that certainly has not seen its curtain drop, the 9th Circuit has changed its mind twice on the same issue in the same case during a 19 month span. This story began in 2011 when Multi Time Machine, Inc. (“MTM”), a...more