News & Analysis as of

Lanham Act › Unfair or Deceptive Trade Practices › Trademark Infringement

McDermott Will & Schulte

RAW Confusion? No Error Where Trial Court Declines to Clarify Agreed Jury Instruction

McDermott Will & Schulte on

The US Court of Appeals for the Seventh Circuit affirmed a district court’s jury verdict that found trade dress infringement and liability under state deceptive practices law, and the court’s order entering a nationwide...more

McDermott Will & Schulte

Holdover Trademark Licensee Status Can’t Do Heavy Lifting on “Exceptionality”

McDermott Will & Schulte on

The US Court of Appeals for the Sixth Circuit addressed issues of enhanced remedies in a dispute regarding the sale of weightlifting equipment beyond the expiration of a licensing agreement between the involved parties....more

Fox Rothschild LLP

Animal Rescue Groups May Proceed With Unfair Competition Claims

Fox Rothschild LLP on

An update from Jennifer Madaras, one of the firm’s summer associates: A California federal judge has ruled that two animal rescue groups can proceed with unfair competition claims against numerous defendants accused of...more

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

Akerman LLP - Marks, Works & Secrets on

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

Proskauer Rose LLP

Three Point Shot - June 2017

Proskauer Rose LLP on

"12th Man" Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses - Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department. On January 19, 2017,...more

Perkins Coie

Top 10 Litigation Risks and Trends for Retailers

Perkins Coie on

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

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