Trademark Infringement, Fair Use, Corporate Counsel

Monkey Business No More: Ninth Circuit Rules NFTs Are Protected by Trademark Law, Confirms the Limits of Expressive Speech...

Coblentz Patch Duffy & Bass on 7/30/2025

Key Takeaways - The Ninth Circuit confirmed that non-fungible tokens (NFTs) are ‘goods’ under the Lanham Act and can be protected by trademark law....more

N.D. California Straightens Out Competitor’s Use of Infringing Hashtags: #newdevelopments in Using Trademarks as Hashtags

Hogan Lovells on 4/17/2019

The Northern District of California recently released an order that sheds new light on how courts grapple with the constantly-increasing use of trademarks as hashtags....more

The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

Fenwick & West LLP on 7/12/2017

The U.S. Court of Appeals for the Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a “reverse confusion” theory in Marketquest Group v. BIC, Case No. 15-55755 (9th...more

Eight is Not Enough: Second Circuit Adopts Eleven Factor Nominative Fair Use Test in Certification Mark Case

Foley Hoag LLP - Making Your Mark on 6/13/2016

International Information Systems Security Certification Consortium (known as ISC2) is a non-profit organization that owns a registered certification mark for the term CISSP® (meaning “Certified Information Systems...more

Nominative Fair Use of a Trademark: The Second Circuit Weighs In

Dorsey & Whitney LLP on 6/8/2016

If a defendant in a trademark case uses the plaintiff’s trademark, not to identify the defendant’s own products, but rather to refer accurately to the plaintiff’s products, is that trademark infringement? Called “nominative...more

Trademark Infringement › Fair Use › Corporate Counsel

Monkey Business No More: Ninth Circuit Rules NFTs Are Protected by Trademark Law, Confirms the Limits of Expressive Speech...

N.D. California Straightens Out Competitor’s Use of Infringing Hashtags: #newdevelopments in Using Trademarks as Hashtags

The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

Eight is Not Enough: Second Circuit Adopts Eleven Factor Nominative Fair Use Test in Certification Mark Case

Nominative Fair Use of a Trademark: The Second Circuit Weighs In

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