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Motion to Dismiss Trademark Infringement

Offit Kurman

Voice Actors Clear Early Legal Hurdle in AI Cloning Suit

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Voice actors received a rare, if incomplete, victory against alleged AI infringers in a recent opinion from an SDNY judge in Lehrman v. Lovo, Inc. Voice actors Paul Lehrman and Linnea Sage filed an action against AI...more

Loeb & Loeb LLP

Lehrman v. Lovo Inc

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District court denies in part and grants in part AI startup’s motion to dismiss claims by voice actors involving creation and use of AI-generated voice clones, allowing breach of contract and right of publicity claims to...more

Ervin Cohen & Jessup LLP

No “Sale,” No Trademark: Ninth Circuit Dismisses “WallStreetBets” Founder’s Infringement Claim Against Reddit for Lack of...

On June 11, 2025, in likely the most significant ruling of the longstanding feud between the social media website, Reddit, Inc., and the founder of its notorious “WallStreetBets” subreddit community, Jaime Rogozinski, the...more

McDermott Will & Schulte

Jurisdiction Affirmed: Trademark Ripples Reach US Shores

Addressing for the first time the issue of whether a foreign intellectual property holding company is subject to personal jurisdiction in the United States, the US Court of Appeals for the Eleventh Circuit reversed a district...more

Stevens & Lee

Third Circuit Case Emphasizes the Limits of Appellate Jurisdiction and the Need for Finality in the District Court

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In its recent decision in Pets Gifts USA v. Imagine This Company, the U.S. Court of Appeals for the Third Circuit emphasized that while parties may wish to file an appeal, their desires are always subject to the strict...more

ArentFox Schiff

Design Disputes: Unraveling the Tapestry of Legal Trends for Litigation in the Furniture and Design Worlds

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In the fast-paced and competitive world of furniture and design, where partnerships and innovations flourish, but consumers’ attention is increasingly divided, legal disputes are increasingly common....more

Lathrop GPM

Kansas Federal Court Finds Personal Jurisdiction Over Franchisee’s Alleged Competitive Business in Unfair Competition Case

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In a franchisor’s suit against its franchisee and that franchisee’s new business, a federal court in Kansas recently denied the new business’ motion to dismiss for lack of personal jurisdiction. HappyFeet-Legends Int’l, Inc....more

Proskauer Rose LLP

Three Point Shot - July 2024

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12th Man Up in the First Half: Texas Court Rules that Aggies Athletic Foundation Owes No Fiduciary Duty to Football Boosters, Second Half to Reveal Winner on Contract Claims - There is perhaps no relationship stronger and...more

Proskauer Rose LLP

Three Point Shot - June 2024

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A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more

Troutman Pepper Locke

EDVA Judge Trims Down Claims in Trademark Dispute Arising From Business Sale

Troutman Pepper Locke on

A pending EDVA case shows how the failure to address intellectual property rights in an asset sale can mushroom into multinational litigation, including a dispute over trademark rights in the United States....more

ArentFox Schiff

The Last Dance? The Future of the “Rogers Test” After the Jack Daniel’s Decision

ArentFox Schiff on

After enjoying several decades of acceptance across many circuit courts, the future of the so-called “Rogers test” is uncertain. Established in the landmark Second Circuit case Rogers v. Grimaldi, Rogers is a two-step test...more

Lewitt Hackman

Franchisor 101: Hunka, Hunka Confusion

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A federal district court in Florida denied a former moving and junk hauling franchisee’s motion to dismiss claims of trademark infringement and unfair competition by franchisor College Hunks Hauling Junk (“CHHJ”)....more

Proskauer Rose LLP

Three Point Shot - September 2023

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more

McDermott Will & Schulte

Just How Similar Must Competing Marks Be to Survive Dismissal?

After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the...more

Woods Rogers

College Product Licensing in Danger?

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Product licensing at the academic level is a great source of revenue for colleges and universities. A recent trademark case could have real world implications on its continued viability. PSU’s Trademark Infringement Lawsuit...more

ArentFox Schiff

Battle of the (Meta) Birkin: Summary Judgment Showdown Shutdown – Hermès v. Rothschild Set for Trial

ArentFox Schiff on

A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied...more

Snell & Wilmer

Eighth Circuit Affirms Dismissal of “Love Happens” Trademark Infringement Suit for Lack of Personal Jurisdiction

Snell & Wilmer on

The Eighth Circuit recently upheld dismissal of Brothers and Sisters in Christ, LLC’s (“BASIC”) lawsuit against online marketplace Zazzle, affirming that “the bare-bones nature of BASIC’s allegations,” including Zazzle’s sale...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between a restaurant and a craft cookie maker, over the use of similar marks for cookies. ...more

Weintraub Tobin

The Briefing by the IP Law Blog: Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between a restaurant and a craft cookie maker, over the use of similar marks for cookies. ...more

McDermott Will & Schulte

Can’t Presume Personal Jurisdiction Exists When Challenged

The US Court of Appeals for the First Circuit affirmed a district court order dismissing a trademark infringement case for lack of personal jurisdiction, finding that if challenged, personal jurisdiction cannot be assumed...more

Ervin Cohen & Jessup LLP

Personal Jurisdiction in the Digital Age

Ervin Cohen & Jessup LLP on

The concept of “presence” for jurisdictional purposes has evolved with the widespread use of websites, social media and other digital platforms. A company or individual may have no physical presence in a forum, but may...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

Dorsey & Whitney LLP on

In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

WilmerHale

Supreme Court Suggests Claim Preclusion May Be Less Relevant to Trademark Cases and Questions Its Applicability to a Defense...

WilmerHale on

On May 14, 2020, the U.S. Supreme Court decided Lucky Brand Dungarees, Inc., et al. v. Marcel Fashions Group, Inc., No. 18-1086, addressing the subjects of claim and issue preclusion. The Court held that claim preclusion (or...more

Dorsey & Whitney LLP

A Lucky Day at the Supreme Court for Lucky Brand

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Lucky Brand has emerged victorious in the latest skirmish of its nearly 20-year trademark litigation battle with Marcel Fashions, a competitor in the apparel business. In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group,...more

Proskauer - Minding Your Business

Supreme Court Narrowly Rejects Second Circuit’s Sweeping “Defense Preclusion” Doctrine

Earlier this month, the United States Supreme Court unanimously rebuffed the Second Circuit’s attempt to expand the scope of res judicata to include the so-called concept of “defense preclusion” – a novel doctrine that would...more

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