News & Analysis as of

Trademark Infringement Injunctions

Baker Donelson

Post-SCOTUS District Court Ruling in Jack Daniel's v. VIP Products Reshapes Trademark Dilution Jurisprudence

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Background and Supreme Court Decision - As previously reported, in Jack Daniel's Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the U.S. Supreme Court clarified a crucial boundary in trademark law: when an...more

Katten Muchin Rosenman LLP

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

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

Sunstein LLP

Bad Spaniels on Remand: Parody Provides an Escape from Infringement But Not From Dilution

Sunstein LLP on

The dispute at issue in Jack Daniel’s arises from a conflict between the well-known whiskey company and a dog toy company (VIP) regarding VIP’s unauthorized use of Jack Daniel’s trademarks and trade dress in connection with a...more

Jones Day

CJEU Grants Jurisdiction Over Foreign IP Infringement Cases

Jones Day on

The Court of Justice of the European Union ("CJEU") issued a landmark decision on February 25, 2025, in the case of BSH Hausgeräte GmbH v. Electrolux AB. The ruling extends the jurisdiction of EU courts to adjudicate...more

Seyfarth Shaw LLP

Taste the Rainbow of Sanctions – Cannabis Company Violates Skittles Permanent Injunction

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What happens when a party attempts to sidestep the strict guidelines of a court order?  A cannabis company’s non-compliance with an injunction illuminates the consequences of playing with fire.  Wm. Wrigley Jr. Company v....more

McDermott Will & Schulte

Dog Toy Maker in the Doghouse (Again) for Tarnishing Jack Daniel’s Marks

Addressing this case for the third time, the US District Court for the District of Arizona found on remand that Jack Daniel’s was entitled to a permanent injunction after finding that VIP Products’ “Bad Spaniels” dog toy...more

McDermott Will & Schulte

Time’s Up: Fifth Circuit Reinstates Original Judgment in Trademark Dispute

The US Court of Appeals for the Fifth Circuit vacated a district court’s amended final judgment and reinstated its prior final judgment, finding that the district court overstepped its narrow mandate on remand, directly...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction

In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC, which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [...more

Vondran Legal

Understanding the importance of Trade Dress Protection for your distinct and non-functional product designs and packaging

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What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more

Holland & Knight LLP

Trademark Enforcement Injunctions in the NFT Landscape

Holland & Knight LLP on

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

Dorsey & Whitney LLP

How Far Can Injunctions Go? Part II: The Extraterritorial Reach of Trademark Injunctions from U.S. to Europe

Dorsey & Whitney LLP on

In our last post on extraterritorial injunctions, we examined a recent decision from Hong Kong and how a brand owner was able to successfully enjoin infringers in mainland China. We will now look at a recent case in the U.S....more

Dorsey & Whitney LLP

How Far Can Injunctions Go? Part I: The Extraterritorial Reach of Trademark Injunctions from Hong Kong to China

Dorsey & Whitney LLP on

Foreign brand owners whose brands are being infringed in other countries may have an avenue to pursue extraterritorial injunctions. In this two part post, we examine how two courts: one in Hong Kong and the other in the U.S....more

Dorsey & Whitney LLP

This Could Change Everything: Nike Appeals Fleet Feet Injunction on Basis of Free Speech

Dorsey & Whitney LLP on

Fleet Feet, Inc. is a national running equipment retail store chain and owner of the trademarks CHANGE EVERYTHING and RUNNING CHANGES EVERYTHING for retail sporting goods stores and athletic apparel and related goods and...more

McDermott Will & Schulte

Owners of Enjoined Company Personally Liable for Monkeying Around with Injunction

McDermott Will & Schulte on

The US Court of Appeals for the 11th Circuit affirmed a district court’s finding of civil contempt against a corporate defendant and its two individual shareholders for failing to make all reasonable efforts to comply with an...more

Lewitt Hackman

Franchisor 101: Copycat Restaurant Shutdown

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A registered trademark is a valuable corporate asset and can be a significant part of a company's worth. A franchisor has an affirmative legal duty to police use of its mark by licensed franchisees and also third-party...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | January 2018 #3

House Panel Questions FDA Officials on Food-Recall Audit - One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health officials...more

Smart & Biggar

Top 10 Highlights of Canadian IP Law and Practice in 2017

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2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

Proskauer Rose LLP

Three Point Shot - April 2017

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Premier League Takes the Pitch in Fight against Pirated Streams - The United Kingdom's most popular soccer league is using skillful legal tackling to maintain possession of its intellectual property. The Football...more

Ladas & Parry LLP

European “Intermediaries” May Be Forced To Take Active Measures Against Trademark Infringement Committed By Third Parties

Ladas & Parry LLP on

Recent cases in the Court of Justice of the European Union (“CJEU”) and the Court of Appeal of England and Wales (“the English Court of Appeal”) have addressed the question of whether those who provide facilities to persons...more

Orrick - Trade Secrets Group

Get Off My Cloud: “BYOC” Workplaces Pose Trade Secrets Risks

There’s been a lot of talk in recent years about “BYOD” (“Bring Your Own Device”) policies, which are becoming increasingly common in the workplace. Employees want the flexibility and ease that comes with being able to use a...more

McDermott Will & Emery

Trying to Outhustle a Permanent Injunction (LFP IP, LLC v. Hustler Cincinnati, Inc.)

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Addressing the issue of modifying a permanent injunction for trademark infringement, the Court of Appeals for the Sixth Circuit held that an injunction may be modified if it is no longer “achieving its principal objects,” due...more

Lewitt Hackman

FRANCHISEE 101: "Two Wrongs Don't Make a Right"

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At one time or another, many people have occasion to be renters who feel mistreated by a landlord. This may be due to delays in repairs, responses, or just turning on the heat. A typical reaction is the temptation to...more

Womble Bond Dickinson

Individual Inventor Alleges Eli Lilly and BDA Overdosed on Patented Dosage Adherence Tool

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In the latest chapter of a year-long battle between an individual inventor and two companies, Lisa Duer (“Duer”), a resident of Woodstock, Georgia, filed her Third Amended Complaint alleging patent infringement, trademark...more

Foley Hoag LLP - Trademark, Copyright &...

A Tale Of Trade And Trademarks: General Cigar Co., Inc. v. Empresa Cubana Del Tabaco

The United States has taken several recent steps towards normalizing its ties with Cuba and, just yesterday, the two countries re-opened embassies in each other’s capitals for the first time since 1961. Despite these...more

McDermott Will & Emery

No Clear Notice, No Contempt - U.S. Polo Ass’n, Inc. v. PRL USA Holdings, Inc.

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In the latest episode of a 30-year dispute over the use of marks depicting mounted polo players, the U.S. Court of Appeals for the Second Circuit vacated the district court’s order finding contempt of a 2012 injunction. U.S....more

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