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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 +
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 thirty days. less -
DarrowEverett LLP

Trademark Rights Explained: Common Law vs. Federal Registration

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Whether a business is launching a new product or rebranding an existing company, selecting a name, logo, or slogan is a crucial decision. Trademarks are powerful tools that identify the source of goods or services and protect...more

Dorsey & Whitney LLP

Labubu and La-No-No: Navigating Trade Dress in Plush Toys

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Most companies would love to have their product become a viral sensation, but in the age of viral media and “internet dupes,” companies are forced to fire on all cylinders to successfully secure and defend the intellectual...more

Fish & Richardson

USPTO Kicks “Hijacker” of Foreign Trademark Out the Door

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When, if ever, is it okay to use a trademark in U.S. commerce that is identical to another company’s mark used outside the U.S.? Courts have struggled with this issue for years, and the U.S. Patent and Trademark Office...more

Seyfarth Shaw LLP

Workin’ for a Birkin? The “Wirkin” Bag and Clever IP Protection

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If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at...more

Fenwick & West LLP

Ninth Circuit Upholds Significant Trademark Damages Award

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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

Venable LLP

Is Vintage Brand's Use of Penn State-Related Images Likely to Confuse Consumers as to Their Source? That Is the Central Question...

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This week, a Pennsylvania jury is hearing argument in a trial that will decide The Pennsylvania State University's trademark infringement claims against Vintage Brand, LLC, its affiliated company, and its owner. According to...more

Seyfarth Shaw LLP

A Very Demure and Very Mindful Look at What Celebrities Can Teach Us About Trademarks

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What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was...more

Hogan Lovells

Trademark Insight 06/2023 – European Union & Germany // Country Focus - Spain

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In this issue, we have once again compiled interesting decisions from recent months. Of particular interest are: the CJEU decision on international territorial jurisdiction for AdWords ads and meta tags; the German Federal...more

Seyfarth Shaw LLP

Courts and Brand Owners Struggling With SCOTUS Decision Limiting Ability to Police Against Foreign Trademark Infringement

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The U.S. Supreme Court’s end-of-term decision in Abitron v. Hetronic seems to have created more questions than answers about U.S. brand owners’ ability to leverage the federal Lanham Act in global trademark disputes. In the...more

Sunstein LLP

Supreme Court Vacates and Remands the Lower Court's Ruling in Jack Daniel’s Properties Inc. v. VIP Products LLC

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In a case that has already garnered extensive media attention due to the fame of Jack Daniel’s whiskey and public curiosity regarding a trademark clash involving whiskey and dog toys, the U.S. Supreme Court issued a unanimous...more

McDonnell Boehnen Hulbert & Berghoff LLP

To Parody or Not to Parody: The Supreme Court Weighs In

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Close on the heels of the unanimous decision in Amgen v. Sanofi, the Supreme Court handed down another unanimous decision in Jack Daniel’s v. VIP Products. Justice Kagan wrote the opinion, with Justice Sotomayor and Justice...more

Hogan Lovells

Trademark Insight 03/2023 – European Union & Germany

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Dear readers, Last month again saw some interesting decisions, which we have compiled for you in the current issue of TRADEMARK INSIGHT. Below you will find our summaries of decisions of German courts, the EUIPO Boards of...more

Haug Partners LLP

Adidas v. Thom Browne

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The battle between Thom Browne and Adidas over a striped design dates back to 2007. For over 20 years, Thom Browne has been a force in luxury fashion, bringing a unique and distinctive design aesthetic that combines classic...more

Hogan Lovells

Trademark infringement through NFTs - Intellectual property enforcement in the virtual world.

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The use of NFTs ("Non-fungible Tokens") can constitute a trademark infringement. This was recently decided by the IP Chamber of the Court of Rome (Tribunale di Roma, decision of 20 July 2022, ref. 32072/2022). The court...more

Beacon Insights by JD Supra

The Year in Trademark Law – 2022 Popular Reads on JD Supra

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A quick look at some of the most widely read Trademark Law updates and commentary published on JD Supra throughout 2022....more

Fox Rothschild LLP

SCOTUS Agrees to Engage in Some Whiskey Business

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On Monday, November 21st, the U.S. Supreme Court agreed to hear an appeal filed by Jack Daniel’s. In this appeal, Jack Daniel’s argued that the Ninth Circuit erred by upholding the lower court’s grant of summary judgment to...more

Pierce Atwood LLP

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

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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

Proskauer - Blockchain and the Law

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

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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

Shutts & Bowen LLP

Intellectual Property Rights in the Metaverse: Hèrmes v. Rothschild and the MetaBirkins Saga

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Intellectual property rights can get muddled in the “real world” and with the advent of virtual worlds, such as the Metaverse, this will only further complicate matters for brand owners who will now have to monitor and...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Rejects Willfulness Requirement for Profit Awards in Trademark Infringement Cases

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On April 23, 2020, the U.S. Supreme Court unanimously ruled that a plaintiff is not required to prove that a defendant’s misconduct was willful in order to obtain an award of a defendant’s profits in trademark infringement...more

Dorsey & Whitney LLP

Franzia’s Boxed Wine Packaging Redesign “Jammed” Up in Trademark Dispute

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On April 1, 2020, JaM Cellars filed a trademark infringement lawsuit against The Wine Group, makers of the popular Franzia brand boxed wine. Plaintiff JaM Cellars is the owner of trademarks relating to the word JAM used in...more

Weintraub Tobin

Landlords – Watch Out For Trademark-Infringing Tenants!

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Landlords whose tenants sell counterfeit goods can be liable for trademark infringement if they have knowledge of the infringing acts or are willfully blind to the infringement. In Luxottica Group v. Airport Mini Mall, LLC,...more

Weintraub Tobin

Hidden Trademark Landmines In Comparative And Compatibility Advertisements

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Nespresso has filed a lawsuit against Jones Brothers Coffee Distribution Company alleging trademark and trade dress infringement. In support of its trademark infringement claim, Nespresso alleges that Jones Brothers’ use of...more

BakerHostetler

Fifth Circuit Decision Highlights Trademark Protection for Fictional Elements

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As previously reported on this blog, the Southern District of Texas ruled in Viacom International Inc. v. IJR Capital Investments LLC that Viacom could assert common-law rights in the trademark THE KRUSTY KRAB for a fictional...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Winter 2019

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Taiwanese Manufacturer of Smartphones Subject to Personal Jurisdiction in Texas in Patent Infringement Case Because of its Allegedly Purposeful Efforts to Serve the US Market Even Though all US Distribution was Orchestrated...more

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