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Litigation Strategies Trademark Infringement Trademarks

Katten Muchin Rosenman LLP

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

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

Troutman Pepper Locke

What Were the Cooler Wars? (Part 2) — No Infringement Intended Podcast

Troutman Pepper Locke on

In this episode, Austin Padgett and Rusty Close delve back into the ongoing legal battle known as the "Cooler Wars" between YETI and RTIC. In Part 2, they discuss the various intellectual property strategies YETI employed to...more

International Lawyers Network

IP Myths vs. Reality: What You Don’t Know Could Cost You

Intellectual property (IP) is often misunderstood, leading to costly mistakes for businesses and individuals alike. Many assume that once they create something, they automatically own the rights everywhere, or that patents...more

McCarter & English, LLP

If You Want Damages for Trademark Infringement, Be Prepared to Do the Dew(berry)

Under federal trademark law, a winning trademark owner can seek a defendant’s profits from infringing use of the trademark. But just who is the “defendant” whose profits can be reached? Is it the corporate affiliate of the...more

Fitch, Even, Tabin & Flannery LLP

The Supreme Court Clarifies Definition of “Defendant’s Profits” Under the Lanham Act

On February 26, the U.S. Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc. unanimously held that an award of “defendant’s profits” under the Lanham Act in a trademark infringement suit is only ascribable to the...more

Dorsey & Whitney LLP

The Supreme Court Update - February 26, 2025

Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: Dewberry Group, Inc. v. Dewberry Engineers, Inc., No. 23-900: The Court held that in awarding the “defendant’s profits” to the prevailing plaintiff in a...more

McDermott Will & Emery

Trade Dress Requires Separate Articulation and Distinctiveness Requirements

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a complaint for trade dress infringement and unfair competition, finding that the district court erred in requiring the...more

Burr & Forman

In Trademark Infringement Cases, Your Right to a Jury Trial May Depend on Whether Actual Damages or the Infringer’s Profits Are...

Burr & Forman on

By way of a precedential decision published on April 23, 2019, the Eleventh Circuit joined the Sixth and Ninth Circuits in holding that trademark owners who seek disgorgement of the infringer’s profits in lieu of actual...more

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