News & Analysis as of August 27, 2025

Trademark Infringement

+ Follow

A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

Emerging Counterfeiting Tactic: Private Label Marks to Evade Online Enforcement

Brownstein Hyatt Farber Schreck on 8/22/2025

A new and increasingly sophisticated form of counterfeiting is challenging traditional brand protection strategies. Counterfeiters are now avoiding the use of well-known house marks and instead applying “private label” marks...more

Ninth Circuit Upholds Significant Trademark Damages Award

Fenwick & West LLP on 1/16/2025

In a closely monitored appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a $56 million damages award against beverage company Molson Coors in Stone Brewing Co., LLC v. Molson Coors Beverage...more

Hermès Successfully Defends its Trademark in the Metaverse

Morrison & Foerster LLP on 2/10/2023

How far does a trademark extend into the digital art world? French luxury fashion brand Hermès sought to answer this question in its precedent-setting case against artist Mason Rothschild, which concluded with a win for...more

Federal Court Rules MetaBirkin NFTs Entitled to First Amendment Protection in Hermès Trademark Case

Pierce Atwood LLP on 5/25/2022

In one of the first trademark cases involving NFTs (non-fungible tokens), the U.S. District Court for the Southern District of New York’s opinion in Hermès International, et al. v. Mason Rothschild sheds new light on how...more

As NFTs Blur the Line Between “Receipt” and “Product”, Trademarks Owners Fight Over New Virtual Markets

Proskauer - Blockchain and the Law on 4/12/2022

Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In the context of copyright, this dichotomy is generally uncontroversial: In...more

Nike Tries to Stomp Out StockX’s Attempt to Sell NFTs of Nike Sneakers

Weintraub Tobin on 2/18/2022

In what could be one of the biggest NFT cases to arise so far, Nike has sued resale marketplace StockX for trademark infringement in the Southern District of New York, claiming that StockX is selling NFTs that display Nike’s...more

Humvee Goes Into Battle: Will Its Trademarks Leave Tread Marks on Video Game Makers?

Sunstein LLP on 8/25/2019

The realism of video games is intensified by the inclusion of products and brands we recognize from daily life. Can the thrill of such verisimilitude coexist alongside the rights of trademark owners?...more

Branding Concerns Rise Amid Cryptocurrency Proliferation

Farella Braun + Martel LLP on 10/10/2018

New cryptocurrencies and tokens have been popping up all over the place, leading the SEC to set up an initial coin offering (ICO) section on its website and to promote recent enforcement actions in the digital currency space....more

Checking in on China: Developments in Litigation and Policy and How They Impact Foreign Intellectual Property

Baker Donelson on 12/6/2017

In the latter portion of 2017, announcements from both business and government have drawn renewed attention to the gradually increasing focus being paid by the Chinese government to protection of foreign intellectual property...more

UK Supreme Court case: criminal sanctions for trade mark infringement

Hogan Lovells on 8/8/2017

R v M; R v C and R v T - The Supreme Court has held that the criminal sanctions under section 92(1) of the Trade Marks Act 1994 (“the Act”) will apply to the sale or so called “grey” market goods as well as counterfeit...more

Can Internet Comments and Search Results Prove Trademark Infringement?

Fenwick & West LLP on 11/22/2016

You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new company emerges with a very similar trademark, piggybacking on your...more

Octane Fitness and Highmark Apply to Ninth Circuit Attorney Fee Awards under the Lanham Act

Snell & Wilmer on 10/26/2016

On October 24, 2016, the Ninth Circuit Court of Appeals, sitting en banc, held that district courts analyzing a request for attorney fees under the Lanham Act should consider the totality of the circumstances, as set forth in...more

#Trademarks?: Hashtags as Trademarks Revisited

Morrison & Foerster LLP - Social Media on 7/18/2016

Since our previous article on the emerging issue of trademark rights in hashtags, the use of hashtags in social media marketing has continued to grow. Described as the “ignition keys to a social media keyword search,”...more

Rolls-Royce & the Rapper: Social Media Activity Helps Decide a Trademark Tussle

Pillsbury - Internet & Social Media Law Blog on 3/24/2016

We recently wrote about a musician who got into some trouble with a court by using social media to flaunt images of hundred dollar bills after he had filed for bankruptcy. Now, an Atlanta-based rapper known as Rolls Royce...more

Supreme Court Denies Review of Ninth Circuit Decision Finding no Trademark Infringement for Amazon Search Results

Proskauer Rose LLP on 3/3/2016

On February 29, 2016, the Supreme Court declined to review a Ninth Circuit decision holding that there was no likelihood of confusion, and therefore no trademark infringement, where Amazon.com responded to consumer searches...more

Pintrips Emerges with Its “Pin” Intact in Trademark Dispute with Pinterest

Pillsbury - Internet & Social Media Law Blog on 12/1/2015

In a recent federal district court case in the Northern District of California (Case No. 13-cv-04608-HSG), Pintrips Inc., a website-based travel planning service, effectively pinned to the mat the trademark claims brought...more

Trademark Practitioners Beware: Issue Preclusion May Now Apply to TTAB Findings More Often Than You Think

Proskauer Rose LLP on 9/4/2015

Trademark owners and practitioners who took heart in the Supreme Court's seemingly confined holding that issue preclusion can but does not necessarily apply to likelihood of confusion determinations by the Trademark Trial and...more

17 Results

View per page

Page: of 1

Today's Popular Updates › Corporate Counsel › Trademark Infringement

"My best business intelligence, in one easy email…"