News & Analysis as of

Trademark Infringement Injunctive Relief

Proskauer Rose LLP

Three Point Shot - August 2025

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Nike and Sneaker Customizer Lace Up a Settlement - On June 18, 2025, Nike, Inc. (“Nike”) and Dominic Ciambrone (“Ciambrone”), founder of the shoe customization outfit, The Shoe Surgeon, entered into a confidential...more

Axinn, Veltrop & Harkrider LLP

Entresto Trade Dress Dispute: No Injunctive Relief for Novartis

On July 15, 2025, Judge Evelyn Padin of the District of New Jersey denied Novartis’s motion for preliminary injunction, which would have blocked MSN Laboratories Pvt. Ltd. from selling a generic version of Novartis’s Entresto...more

Ervin Cohen & Jessup LLP

MGA Entertainment v. Harris: Despite $71M Judgment, Federal Court Declines to Enjoin Trade Dress Infringement, Revealing Limits to...

On April 15, 2025, after jurors found a line of dolls from the toymaker, MGA Entertainment, Inc. (“MGA”), infringed the trade dress rights of a pop group owned by music artists Clifford "T.I." Harris and Tameka "Tiny" Harris,...more

Lewitt Hackman

Franchisee 101: Kicking Injunctions to the Curb

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A Kansas district court denied a franchisor’s motion for preliminary injunction against its former franchisee who engaged in competing businesses immediately after terminating the franchise relationship....more

Proskauer Rose LLP

Three Point Shot - July 2024

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12th Man Up in the First Half: Texas Court Rules that Aggies Athletic Foundation Owes No Fiduciary Duty to Football Boosters, Second Half to Reveal Winner on Contract Claims - There is perhaps no relationship stronger and...more

Lathrop GPM

Florida Federal Court Allows Franchisor’s Lanham Act and Breach of Contract Claims to Proceed

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A federal court in Florida recently granted in part and denied in part a former franchisee’s motion to dismiss claims for breaching a post-termination noncompete agreement, trademark infringement, and unfair competition. CHHJ...more

ArentFox Schiff

Tomato Troubles: NatureSweet Files Third Lawsuit Against Angel Sweet Over Product Packaging

ArentFox Schiff on

NS Brands Ltd. (NatureSweet) recently filed its third lawsuit against Mastronardi Product Ltd. and Mastronardi Product USA Inc. (Angel Sweet) in just over 10 years, alleging unfair competition and trademark and trade dress...more

ArentFox Schiff

Full Court Press: NIKE Files Trademark Infringement Lawsuit Against BAPE

ArentFox Schiff on

Nike Inc. recently sued Japanese streetwear company, A Bathing Ape (BAPE), in the Southern District of New York, alleging that BAPE’s business model revolves around offering “near verbatim” copies of Nike’s iconic Air Force...more

Weintraub Tobin

The Southern District of NY Catches Bieber Fever and Denies Injunction

Weintraub Tobin on

Hailey Bieber recently founded her own line of skincare products under the trade name Rhode, which is her middle name. Unfortunately, her latest venture was not warmly received by everyone. The founders of the fashion line...more

Fox Rothschild LLP

The U.S. International Trade Commission: An Overview

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The U.S. International Trade Commission is a federal agency with the authority to adjudicate cases involving companies that domestically exploit U.S. intellectual property rights and those who import allegedly infringing...more

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

MarkIt to Market® - April 2022

Thank you for reading the April 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss two ongoing administrative legal challenges to the U.S. Drug Enforcement Administration's policies on...more

Dorsey & Whitney LLP

Environmental Advocate Wins Battle Against “Australia’s Greatest Liability”

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Greenpeace, the well-known environmental campaign organization, recently prevailed over an electricity giant in the Australian case AGL Energy Limited v. Greenpeace Australia Pacific Limited. Australia’s parody and satire law...more

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

MarkIt to Market® - April 2021: Sole Mates (or Not) – Takeaways from Nike v. Satan Shoes

It was hard to escape news last month of the “Satan Shoes” collaboration between Lil Nas X and Brooklyn art collective MSCHF Product Studio (“MSCHF”). The limited (666 pairs) release of custom red and black Nike Air Max...more

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

MarkIt to Market® - April 2021

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - March 2021

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The insured was sued in an underlying action seeking damages and injunctive relief for alleged trademark infringement. The insured tendered the action to its CGL insurer which disclaimed. The insured settled the underlying...more

McDermott Will & Schulte

No More Bites at the Apple: Intervening Junior User Can Force You to Get Your Head Out of the Cloud(s)

Addressing how a mark’s intervening junior user’s success can affect a senior user, the US Court of Appeals for the Fourth Circuit upheld a grant of summary judgment in favor of the junior user and the issuance of a permanent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Phytelligence, Inc. v. Washington State University (Fed. Cir. 2020)

One of the banes of any practicing patent attorney's professional existence is counseling clients on licensing agreements where the parties attempt to avoid setting forth definitive terms on contract provisions regarding...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 6

This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more

McDermott Will & Schulte

Second User Vaping Company Has No Claim to “Affliction”

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The US Court of Appeals for the 10th Circuit reversed a grant of summary judgment in favor of a company selling vaping accessories under the mark AFFLICTION, holding that the district court had erred in holding as a matter of...more

Sunstein LLP

May 2019 IP Update: Brewing Up a Controversy: Super Bowl Ad Provokes Clash Between Two Beer Industry Juggernauts

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On March 21, MillerCoors—the maker of Miller Light and Coors Light— filed a complaint in federal court in Milwaukee for false advertising and trademark dilution against rival brewer Anheuser-Busch—the maker of Bud Light....more

Burr & Forman

In Trademark Infringement Cases, Your Right to a Jury Trial May Depend on Whether Actual Damages or the Infringer’s Profits Are...

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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

Lewitt Hackman

Franchisee 101: Rules of the Road

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An ex-franchisee of a vehicle transportation and shipping management franchise was enjoined by a federal court, for two years, from operating a competitive business at its former location in Virginia or anywhere the...more

McDermott Will & Schulte

Eagle Mark Soars to Injunction Against Identical “Hawk” Logo

Addressing whether the district court correctly found a likelihood of confusion as a matter of law between two “identical” logos arranged around a stylized bird, the US Court of Appeals for the Fifth Circuit affirmed the...more

Knobbe Martens

Beyoncé vs. Feyoncé: Am I Totally Diluted, or Should I Put a Ring on It?

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In April 2016, Beyoncé Knowles-Carter (known mononymously as “Beyoncé”) filed a trademark suit in the Southern District of New York against Feyonce, Inc., an online business that sells clothing, apparel, and assorted goods...more

Farella Braun + Martel LLP

Branding Concerns Rise Amid Cryptocurrency Proliferation

New cryptocurrencies and tokens have been popping up all over the place, leading the SEC to set up an initial coin offering (ICO) section on its website and to promote recent enforcement actions in the digital currency space....more

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