News & Analysis as of

Trademark Infringement Enforcement

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

Troutman Pepper Locke

Why Should I Register My Trademark?

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You have a brand—a trademark—for your business. Perhaps it is a word, phrase, symbol, design, or a combination of these that identifies and distinguishes the source of goods or services. At its heart, trademark law is...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

A Reminder on the Benefits of a Federal Trademark Registration

During uncertain economic times, it may be tempting to forego the expense of filing for (or maintaining) a federal registration to protect a trademark, relying instead on common law rights acquired through use in commerce....more

Fitch, Even, Tabin & Flannery LLP

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

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

Jenner & Block

Client Alert: US Supreme Court Rules Trademark Plaintiffs Cannot Recover Profits from Defendants’ Affiliates, Overturns $43M Award...

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On February 26, 2025, in a unanimous opinion, the US Supreme Court vacated a $43 million trademark infringement award and ruled that trademark plaintiffs cannot recover profits from defendants’ affiliates when those...more

Venable LLP

Protect Your Nonprofit's Mission with Smart Trademark Strategies

Venable LLP on

Your nonprofit's name, logo, and slogans are more than just branding—they're valuable assets that should be protected and strengthened. Taking the right trademark steps can prevent legal issues, maintain your brand's...more

Smart & Biggar

Canadian trademark law 2024: a year in review

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In this article, we review a number of notable Canadian trademark cases from 2024 and highlight key developments in Canadian trademarks practice. On February 5, 2025, join us for an insightful webinar as we deliver a roundup...more

K&L Gates LLP

When Life Gives You Lemons….Thatchers Successful as Court of Appeal Finds Aldi Copycat Products Amount to Trade Mark Infringement...

K&L Gates LLP on

On 20 January 2025, the English Court of Appeal handed down its judgment in a highly anticipated appeal by Thatchers Cider Company, concluding that Aldi had infringed Thatchers’ registered trade mark under section 10(3) of...more

ArentFox Schiff

GEMINI Spells Double Trouble for Google’s AI: Gemini Data, Inc. Sues for Trademark Infringement and USPTO Rejects GEMINI Trademark...

ArentFox Schiff on

Gemini Data, Inc., a data analytics company that leverages artificial intelligence (AI) technologies, has filed a federal complaint against Google LLC in the US District Court for the Northern District of California, alleging...more

Knobbe Martens

Of Broccolini and Branding: Don't Let Your Trademark Wilt

Knobbe Martens on

Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – August 2024: Where, What, and How – Trademarks & the Olympic Games (Part 3)

Part 3: HOW - The 2024 Summer Olympic Games have ended, the 2024 Summer Paralympic Games have begun, and this article brings to a close our three-part series on Trademarks & the Olympic Games. In June, we reviewed from where...more

ArentFox Schiff

Nike and BAPE Settle Trademark Infringement Lawsuit

ArentFox Schiff on

Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires...more

Proskauer Rose LLP

Three Point Shot - May 2024

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Mischief Afoot: Vans Kicks MSCHF’s Main Defense to Trademark Infringement to the Curb in Art Sneaker Dispute - If the shoe fits, wear it. Or so the Second Circuit mused in a recent decision, in which it “re-boxed” an art...more

Smart & Biggar

Top ten considerations for creating an effective anti-counterfeiting program

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A key component of any effective brand protection strategy is an anti-counterfeiting program. How can a brand owner protect its reputation and rights against counterfeiters, infringers and pirates? The answer will depend not...more

BakerHostetler

Watch Out for Common Law Users in Online Enforcement

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Many consumer product brands seek to enroll in online enforcement programs, for example, Amazon Brand Registry and eBay VeRO. These consumer product brands often experience online infringement and counterfeiting issues, so...more

Holland & Knight LLP

Trademark Enforcement Injunctions in the NFT Landscape

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Trademark enforcement best practices in the NFT landscape continue to evolve. A court in Italy granted an injunction in favor of the Italian soccer team Juventus based on the unauthorized use of its well-known trademarks in...more

Holland & Knight LLP

Intellectual Property Enforcement in the Metaverse, Part 1

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For creators who seek to protect their intellectual property (IP), the idea of enforcing intellectual property rights in the metaverse may initially appear to be daunting. After all, given the metaverse's association with...more

Faegre Drinker Biddle & Reath LLP

NFT Infringement: No Free Taking or New Fair Transformations?

Earlier this month sports apparel giant Nike sued StockX LLC, a Michigan-based sneaker and streetwear resale marketplace, for offering to its customers non-fungible tokens (NFTs) depicting Nike’s sneakers. The claims...more

Porter Hedges LLP

Anticipating President Biden’s Intellectual Property Policy in an Historical Context

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Presidential administrations have affected intellectual property (IP) policy since the very beginning of United States history. In his first State of the Union address in 1790, President George Washington addressed patents....more

Faegre Drinker Biddle & Reath LLP

Cross-Class Confusion: Your Rights are Stronger than You Might Think!

You’ve done the work of securing a federal trademark registration and now face the matter of enforcement against a potential infringer. Are the classes and goods specified in that registration now a double-edged sword?...more

Perkins Coie

Brand Sustainability: Practical Considerations for Creating IP Enforcement Programs

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This summer, we have provided information on supply chain and forced labor risks, proper substantiation of green advertising claims, alternative corporate forms to promote sustainability efforts, understanding a public...more

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