Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast
(Podcast) The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
(Podcast) The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations
(Podcast) The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
(Podcast) The Briefing: Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
The IP of Everything Podcast - Episode 22 - The IP of Dog Toys
Roundup of 2023 Entertainment Law Cases: Analysis SAG/AFTRA and WGA contracts, No Parody of Iconic Sneaker, AI Copyright Highlights China vs US law; SCOTUS Bad Spaniel and Warhol/Prince.
The Briefing: Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film
(Podcast) The Briefing: Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film
(Podcast) The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
The Briefing: The Supreme Court Limits the Reach of The Lanham Act [PODCAST]
In this episode, Austin Padgett and Rusty Close venture into the dynamic world of guitar pedals, focusing on the iconic Klon Centaur and its creator's legal showdown with Behringer's Centaur Overdrive. While many Klon...more
Nike and Sneaker Customizer Lace Up a Settlement - On June 18, 2025, Nike, Inc. (“Nike”) and Dominic Ciambrone (“Ciambrone”), founder of the shoe customization outfit, The Shoe Surgeon, entered into a confidential...more
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
The US Court of Appeals for the Second Circuit clarified its standards for establishing personal jurisdiction over foreign defendants that conduct business over the internet. American Girl, LLC v. Zembrka, DBA...more
Dearest Gentle Reader, it seems that the scandalous allure of counterfeit goods has infiltrated our esteemed society with alarming frequency. Behind the shimmering facade of the finest of marketplaces, whispers abound of...more
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
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
NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe - NBA Properties, Inc. (“NBAP”), the exclusive licensee of the National Basketball Association (“NBA”) and NBA teams’ distinctive trademarks,...more
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
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
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'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
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
In 2014, Farmacy Beauty, a New Jersey limited liability company, began to develop a line of skin care products. In 2015, Farmacy began selling its EYE DEW eye cream product after being informed by a copywriter that EYE DEW...more
Referring to the act of counterfeiting as “hard core” or “first degree” trademark infringement, the US Court of Appeals for the Ninth Circuit for the first time confirmed that the Lanham Act requires a likelihood of confusion...more
This week, we examine a Ninth Circuit decision addressing whether a plaintiff pursuing a Lanham Act counterfeiting claim must demonstrate that consumers were likely to be confused (the answer: yes), and another resolving the...more
The Second Circuit vacates Tiffany's summary judgment win over Costco and remands for a trial over the use of the word "Tiffany" in advertising for engagement rings. On August 17, 2020, in Tiffany & Co. v. Costco Wholesale...more
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
Counterfeiters often act through intermediaries, including online marketplaces, social media companies, and internet service providers (“ISPs”), that may not be aware that their services are being used for infringing...more
Last year, the Eleventh Circuit affirmed a judgment holding that a landlord’s constructive knowledge of its tenant’s trademark infringement is enough to hold the landlord liable. Several years earlier, Arent Fox...more
A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a...more
We jest! Because, of course, Vandelay Industries – famed import/export company referenced by Seinfeld character George Costanza’s (and owned by the multi-talented “Art Vandelay”) -- is fictitious. But for actual...more
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
In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more
In a highly publicized decision of over a year ago, Judge Swain of the U.S. District Court of the Southern District of New York ruled in favor of the luxury retailer Tiffany and Co., deciding that Costco Wholesale Corp., the...more