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Lanham Act › Counterfeiting › Trademark Litigation

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

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

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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

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

MarkIt to Market® - July 2023

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Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more

Womble Bond Dickinson

What’s in a Name? Chicago’s Darvin Furniture & Mattress Claims Trademark Violation in Lawsuit Versus Wayfair

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Darvin Furniture And Appliance Of Orland Park, Inc. V. Wayfair LLC, Case No. 1:23cv4121 (N.D. Illinois, June 27, 2023) Darvin Furniture And Appliance Of Orland Park, Inc., a Chicagoland retailer which does business as Darvin...more

Morgan Lewis

Jury Finds for Online Marketplace over Atari in Trademark Infringement Case

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In the case, Atari had alleged that Redbubble failed to adequately police its marketplace to remove artist uploads that counterfeited or infringed upon Atari’s trademarks in its logo and other iconic images. As part of its...more

Miller Nash LLP

THC-Infused Candies are All Tricks, No Treats, Says Candy Maker

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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

Dorsey & Whitney LLP

E-Commerce and Trademark Infringement: OSU Wins a Battle at the Sixth Circuit

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The Ohio State Buckeyes may have lost the college football national championship to Alabama earlier this year but OSU can take some consolation from its recent victory in a trademark case before the Sixth Circuit Court of...more

Jones Day

JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021

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Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more

Dorsey & Whitney LLP

9th Circuit: Counterfeiting Claim Requires Court to Evaluate Likelihood of Confusion by Comparing Products as a Whole, Not Just...

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Does the Lanham Act require a plaintiff to show a likelihood of confusion to prevail on a counterfeiting claim? And if so, should the court simply compare the marks at issue, or look beyond them to the products themselves and...more

Troutman Pepper Locke

Diamonds are Forever, but Tiffany’s $21M Trademark Win is Not

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A federal appeals court issued its opinion on August 17th in Tiffany & Co. v. Costco Wholesale Corp., vacating a $21 million judgment against Costco Wholesale Corp. Costco had marketed unbranded diamond engagement rings...more

Harris Beach Murtha PLLC

Significant Intellectual Property Trademark Decisions

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2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a whole. ...more

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