Trademark Infringement, Appeals, Litigation Strategies

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

Katten Muchin Rosenman LLP on 7/22/2025

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

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

Stevens & Lee on 4/16/2025

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

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

McCarter & English, LLP on 3/13/2025

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

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

Fitch, Even, Tabin & Flannery LLP on 3/10/2025

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

Supreme Court Upholds Principle Of Corporate Separateness In Vacating Award To Dewberry Engineers

Moritt Hock & Hamroff LLP on 3/4/2025

n a decision that strongly endorsed the principle of corporate separateness – where a company’s affiliates are not financially responsible for the legal obligations of their parent – the U.S. Supreme Court unanimously...more

The Supreme Court Update - February 26, 2025

Dorsey & Whitney LLP on 2/27/2025

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

Trade Dress Requires Separate Articulation and Distinctiveness Requirements

McDermott Will & Schulte on 2/20/2025

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

Anonymous Online Speech: Considerations for Victims and Speakers

Skadden, Arps, Slate, Meagher & Flom LLP on 6/19/2019

In today’s world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims...more

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 4/26/2019

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

New Court Decisions Expose Non-U.S. Banks With U.S. Branches To New Risks Of Litigation In American Courts

Orrick, Herrington & Sutcliffe LLP on 7/22/2015

Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more

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