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Lanham Act › Appellate Courts

McDermott Will & Emery

Stylish but Generic: ‘VETEMENTS’ Can’t Dress Up as Trademark

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The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s refusal to register the mark VETEMENTS for clothing and related retail services, finding that the mark was generic under the...more

McDermott Will & Emery

Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

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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

McDermott Will & Emery

Damages on Default Judgment Not Barred by Absence of Precise Amount in Complaint

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The US Court of Appeals for the Ninth Circuit reversed and remanded a district court decision, allowing collection of actual damages in a default judgment where the complaint only sought damages “in an amount to be determined...more

ArentFox Schiff

It’s Not Easy Being Green (If You Are a Color Trademark for Medical Gloves)

ArentFox Schiff on

In refusing registration of the color green for “chloroprene medical examination gloves,” the Federal Circuit adopted — for the first time — a legal test for genericness of color marks. The decision underscores the high...more

Carlton Fields

Florida Appeals Court Decisions Week of April 28 - May 2, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Prime P&C v. Kepali Grp - insurance coverage, vehicle, after-acquired - State Farm v. LaRocca - Fla Health Care Clinic Act, wholly owned exception, certified question - Top...more

Baker Botts L.L.P.

When Can District Courts Cancel Trademark Applications?

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Courts are divided on whether their power to order the cancellation of trademark registrations extends to still pending trademark applications under review by the United States Patent and Trademark Office (USPTO). The Ninth...more

McDermott Will & Emery

SCOTUS: Trademark Infringement Damages Award Includes Only the Named Defendant’s Profits

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In a unanimous decision, the Supreme Court of the United States vacated and remanded a damages award for willful infringement under the Lanham Act (15 U.S.C. § 1117(a)) in Dewberry Group Inc. v. Dewberry Engineers Inc.,...more

McDermott Will & Emery

You Want Some “Metchup” with That?

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit found no infringement by a large, well-known company that used the registered mark of an individual whose own use was local and generated only a few sales and minimal profits. The...more

Fox Rothschild LLP

Selection Of Federal Circuit Review Of A TTAB Decision Does Not Bar District Court Review Of A Later TTAB Decision Issued In The...

Fox Rothschild LLP on

On March 17, 2021, in a matter of first impression, the United States Court of Appeals for the Fourth Circuit held a party appealing a decision of the United States Trademark Trial and Appeal Board (“TTAB”) may seek review of...more

Proskauer - Advertising Law

2020 Advertising Law Year in Review

Proskauer - Advertising Law on

While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more

Rivkin Radler LLP

Insurance Update - December 2020

Rivkin Radler LLP on

Here is what we cover in our December Insurance Update. In a case of first impression, the Illinois Supreme Court construes a mechanical device exclusion in an auto policy. A New Jersey federal judge considers whether...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: In Rem and Out of Time

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This week, the Ninth Circuit creates a potential circuit split on personal jurisdiction in in rem proceedings, and clarifies whether a post-judgment motion for attorneys’ fees extends the time to appeal (spoiler alert: it...more

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