Retailers, Unfair Competition, Trademark Litigation

Snack Wars: Mondelez Challenges Aldi’s Packaging Design Strategy in Trademark Infringement Lawsuit

Womble Bond Dickinson on 6/23/2025

The Aldi supermarket chain has built a loyal and growing following—Aldi is on pace to open more than 225 new stores this year and promotes itself as a lower-cost alternative to traditional brands. Aldi has previously used...more

I Don’t Wanna Grow Up, I’m a What Kind of Kid? Toys R Us Takes on Vape R Us in Trademark Battle

Seyfarth Shaw LLP on 6/11/2025

I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company...more

First Sale Doctrine Limitations: Key Trademark Law Considerations for Businesses

Gordon Rees Scully Mansukhani on 5/21/2025

Third-party infringers are finding new ways to sell unauthorized products and profit from doing so. As one example, the third-party seller buys products in bulk from the product owner, receiving a cheaper rate due to bulk...more

Is it Pretty? Will H&M Assert a “Classixx” Ornamental Defense to Claims of Trademark Infringement?

Knobbe Martens on 11/8/2017

On October 19, 2017 Hush Hush Sound Inc, Michael David, and Tyler Blake (collectively “Plaintiffs”) also known as the Electronic dance music duo “Classixx” filed suit in the District Court for the Central District of...more

Lucky Brand Not So Lucky

Akerman LLP - Marks, Works & Secrets on 3/16/2015

The Second Circuit ruled last week in favor of Plaintiff Marcel Fashion Group Inc. (“Marcel”), vacating the trial court’s grant of summary judgment in favor of Defendant Lucky Brand Dungarees, Inc. (“Lucky Brand”), which had...more

Res judicata Does Not Bar Claims Arising After Prior Litigation, Even One Based on Similar Conduct

McDermott Will & Emery on 9/11/2014

TechnoMarine SA v. Giftports Inc. - Addressing whether a prior litigation between the parties resolving claims of unfair competition bars subsequent suit over similar conduct occurring after settlement of the earlier...more