Trademark Infringement, Fair Use, Unfair Competition

Imitation Game: Legal Considerations with Dupes-Based Business Models

Ropes & Gray LLP on 6/18/2025

Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more

Design Disputes: Unraveling the Tapestry of Legal Trends for Litigation in the Furniture and Design Worlds

ArentFox Schiff on 3/14/2025

In the fast-paced and competitive world of furniture and design, where partnerships and innovations flourish, but consumers’ attention is increasingly divided, legal disputes are increasingly common....more

MarkIt to Market® – February 2022: Does NFT Appropriation Art Appropriate Trademark Rights?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/28/2022

On January 14, 2022, Hermès International and Hermès of Paris, Inc. (“Hermès”) sued digital artist Mason Rothschild in the Southern District of New York for creating and selling “MetaBirkins,” a collection of NFTs tied to...more

MarkIt to Market® – February 2022

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/25/2022

Thank you for reading the February 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss trademark rights in relation to appropriation art, including NFTs, and provide an update on cannabis...more

It’s No “Fair Use” Trying To Parody Dr. Seuss

Weintraub Tobin on 12/28/2020

One of the last books written by Dr. Seuss, “Oh, The Places You’ll Go” is one of the bestselling books during graduation season each year. The copyright for this book, like all of the works of Dr. Seuss, belongs to Dr. Seuss...more

Diamonds to Dust? Too Many Factual Disputes Precludes Summary Judgment

McDermott Will & Schulte on 8/27/2020

The US Court of Appeals for the Second Circuit vacated a district court’s summary judgment grant in favor of a fine jewelry producer for trademark infringement, counterfeiting and unfair competition because factual disputes...more

No Jury Trial for Trademark Infringement Claims

McDermott Will & Schulte on 7/11/2019

In finding a fair use defense and no “likelihood of confusion” in a cosmetics trademark infringement dispute, the US Court of Appeals for the 11th Circuit also considered, as an issue of first impression, whether the Seventh...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

The Take-Two Interactive v. Pinkerton Showdown Has Ended in a Draw

Dorsey & Whitney LLP on 4/25/2019

One year ago, I wrote a post about the Lohan v. Take-Two Interactive case in which Lindsay Lohan thought she recognized her image in Take-Two’s Grand Theft Auto V (“GTAV”) video game. Many people who notice that they resemble...more

Trademarks in the Crosshairs: Non-Trademark Use of a Descriptive Term - Sorensen v. WD-40 Co.

McDermott Will & Emery on 8/10/2015

Addressing likelihood of confusion and the fair use defense in a trademark infringement suit pertaining to corrosion inhibitors, the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court’s summary judgment...more

Trademark Infringement › Fair Use › Unfair Competition

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