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Brownstein Hyatt Farber Schreck

Emerging Counterfeiting Tactic: Private Label Marks to Evade Online Enforcement

A new and increasingly sophisticated form of counterfeiting is challenging traditional brand protection strategies. Counterfeiters are now avoiding the use of well-known house marks and instead applying “private label” marks...more

DarrowEverett LLP

Trademark Rights Explained: Common Law vs. Federal Registration

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Whether a business is launching a new product or rebranding an existing company, selecting a name, logo, or slogan is a crucial decision. Trademarks are powerful tools that identify the source of goods or services and protect...more

Katten Muchin Rosenman LLP

Chanel's Legal Victory Sends a Clear Message: Authenticity Isn't Just a Luxury — It's the Law - The Katten Kattwalk | Issue 29

"Hard times arouse an instinctive desire for authenticity," Coco Chanel once said. Chanel, the eponymous company, has taken this motto to heart in its unwavering commitment to protecting its intellectual property — an effort...more

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

Clark Hill PLC

The “Sad Beige Lawsuit” and the Fight Over Social Media Influencer IP Rights

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Can you protect a personal “aesthetic” or “vibe?” Social media influencer Sydney Nicole Gifford believes so, as she recently sued fellow social media influencer Alyssa Sheil in Texas Federal Court, in what is now known as the...more

Fish & Richardson

USPTO Kicks “Hijacker” of Foreign Trademark Out the Door

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When, if ever, is it okay to use a trademark in U.S. commerce that is identical to another company’s mark used outside the U.S.? Courts have struggled with this issue for years, and the U.S. Patent and Trademark Office...more

Seyfarth Shaw LLP

Workin’ for a Birkin? The “Wirkin” Bag and Clever IP Protection

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If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at...more

Erise IP

Pitfalls of Co-Branding: How to Avoid Diluting Your Trademarks in Agreements

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Co-branding has helped mega worldwide brands increase their sales and their reach. BMW and Louis Vuitton partnered their luxury brands with the automaker creating an i8 sports car with space for a four-piece set of luggage...more

Fenwick & West LLP

Ninth Circuit Upholds Significant Trademark Damages Award

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In a closely monitored appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a $56 million damages award against beverage company Molson Coors in Stone Brewing Co., LLC v. Molson Coors Beverage...more

Haug Partners LLP

Excited To Align With LA28? Not So Fast, Says Court

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On July 19, 2024, the United States Olympic & Paralympic Committee (“USOPC”) filed a complaint against performance sports beverage company Prime Hydration, LLC (“Prime Hydration” or “Prime”) in the United States District...more

Venable LLP

Is Vintage Brand's Use of Penn State-Related Images Likely to Confuse Consumers as to Their Source? That Is the Central Question...

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This week, a Pennsylvania jury is hearing argument in a trial that will decide The Pennsylvania State University's trademark infringement claims against Vintage Brand, LLC, its affiliated company, and its owner. According to...more

Seyfarth Shaw LLP

A Very Demure and Very Mindful Look at What Celebrities Can Teach Us About Trademarks

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What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was...more

Knobbe Martens

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

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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

Vinson & Elkins LLP

Trademarks as Assets: Selecting or Changing a Mark in the United States

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As part of our series on trademarks as critical assets for businesses, this article discusses the importance of selecting and clearing a new or altered trademark for use and registration in the United States. Trademark...more

Foley & Lardner LLP

Keeping the Flame Alive: How IP Protects the Legacy of the Olympics

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Historically, the Olympic Games rank high as one of the most effective international marketing platforms in the world, reaching billions of people in more than 200 countries and territories across the globe. The International...more

Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

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Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

Miller Canfield

F1 Team Sues Former Principal Over Personal Photographs Displaying Team Trademarks in Memoir

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Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...more

Hogan Lovells

Trademark Insight 02/2024 – European Union & Germany // Country Focus - UK

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Dear Readers, This issue of Trademark Insight once again summarizes a number of interesting decisions from the past few months, including the following key cases: As always, we also report on current case law on the...more

Sheppard Mullin Richter & Hampton LLP

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While...more

Haug Partners LLP

2023 in Review at the International Trade Commission

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Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their...more

Hogan Lovells

Trademark Insight 06/2023 – European Union & Germany // Country Focus - Spain

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In this issue, we have once again compiled interesting decisions from recent months. Of particular interest are: the CJEU decision on international territorial jurisdiction for AdWords ads and meta tags; the German Federal...more

Seyfarth Shaw LLP

Courts and Brand Owners Struggling With SCOTUS Decision Limiting Ability to Police Against Foreign Trademark Infringement

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The U.S. Supreme Court’s end-of-term decision in Abitron v. Hetronic seems to have created more questions than answers about U.S. brand owners’ ability to leverage the federal Lanham Act in global trademark disputes. In the...more

Sunstein LLP

Supreme Court Vacates and Remands the Lower Court's Ruling in Jack Daniel’s Properties Inc. v. VIP Products LLC

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In a case that has already garnered extensive media attention due to the fame of Jack Daniel’s whiskey and public curiosity regarding a trademark clash involving whiskey and dog toys, the U.S. Supreme Court issued a unanimous...more

McDonnell Boehnen Hulbert & Berghoff LLP

To Parody or Not to Parody: The Supreme Court Weighs In

Close on the heels of the unanimous decision in Amgen v. Sanofi, the Supreme Court handed down another unanimous decision in Jack Daniel’s v. VIP Products. Justice Kagan wrote the opinion, with Justice Sotomayor and Justice...more

Hogan Lovells

Trademark Insight 03/2023 – European Union & Germany

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Dear readers, Last month again saw some interesting decisions, which we have compiled for you in the current issue of TRADEMARK INSIGHT. Below you will find our summaries of decisions of German courts, the EUIPO Boards of...more

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