News & Analysis as of

Trademark Infringement Summary Judgment Unfair Competition

McDermott Will & Schulte

Don’t walk away: Trademark owner can’t bring infringement suit against co-owner

The US Court of Appeals for the Fifth Circuit upheld a district court’s summary judgment decision that a co-owner of a trademark cannot bring infringement or dilution claims under the Lanham Act against other co-owners or...more

Loeb & Loeb LLP

Enos v. The Walt Disney Company

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District court grants Disney’s motion for summary judgment, holding it did not infringe plaintiffs’ copyright in blue-eyed ukulele-playing turtle character, but rather independently created its own musical turtle character,...more

Ladas & Parry LLP

New York Court Sides with PepsiCo on Remand in Ongoing Rise Brewing Dispute

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In Riseandshine Corporation v PepsiCo Inc (SDNY-1-21-cv-06324), plaintiff Riseandshine Corporation, doing business as Rise Brewing, brought three federal and two state claims relating to trademark infringement and unfair...more

McDermott Will & Schulte

Delay in Enforcing Trademark Measured from When Infringement Became Actionable

Addressing laches and progressive encroachment, the US Court of Appeals for the Eighth Circuit reversed and remanded a district court’s grant of summary judgment based on laches because the district court failed to “conduct a...more

McDermott Will & Schulte

Third Circuit Orders Second Look at Delays and Disgorgement of Profits

In a long-running trademark dispute between two charitable organizations, the US Court of Appeals for the Third Circuit found that the appellee did not preserve its challenge to the district court’s denial of summary judgment...more

Weintraub Tobin

The Sleekcraft Factors And “Reverse Confusion” Trademark Infringement

Weintraub Tobin on

What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging...more

Dorsey & Whitney LLP

E-Commerce and Trademark Infringement: OSU Wins a Battle at the Sixth Circuit

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The Ohio State Buckeyes may have lost the college football national championship to Alabama earlier this year but OSU can take some consolation from its recent victory in a trademark case before the Sixth Circuit Court of...more

ArentFox Schiff

New Headache for Trademark Litigants? Fourth Circuit’s Bayer Decision Rejects Application of State Statute of Limitations to...

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The Fourth Circuit recently held that the U.S. District Court for the Eastern District of Virginia erred in its analysis of a defendant’s laches defense against an unfair competition claim under Section 43(a) of the Lanham...more

McDermott Will & Schulte

Diamonds to Dust? Too Many Factual Disputes Precludes Summary Judgment

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

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update - June 2020

Does My Video Game Violate Consumers’ Privacy Rights? The California Consumer Privacy Act (CCPA) is the first broad-based state statute aimed at enhancing personal privacy rights for consumers. Following the example set by...more

Proskauer Rose LLP

Three Point Shot - February 2020

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

McDermott Will & Schulte

Infringer Need Not Have “Affixed” the Mark to Goods to Be Found Liable

Applying generally accepted principles of trademark law, the US Court of Appeals for the Federal Circuit found that using a competitor’s trademarks in marketing materials to promote competing products constitutes trademark...more

Knobbe Martens

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

Knobbe Martens on

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

Knobbe Martens

Tiffany Wins the Generic Battle, and the Spoils of War are Significant (Updated)

Knobbe Martens on

Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed...more

McDermott Will & Schulte

Lanham Act Cannot Be Used to Create “Species of Mutant Copyright Law”

The US Court of Appeals for the Ninth Circuit upheld a district court decision granting summary judgment to a defendant that its use of digital files did not infringe plaintiff’s trademark or trade dress for its CD-Gs...more

Holland & Knight LLP

Food and Beverage Law Update: March 2017

Holland & Knight LLP on

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

Lewitt Hackman

Pow! Boff! Thwack! Batmobile Wins Copyright Litigation

Lewitt Hackman on

It's not every day a Ninth Circuit court opinion includes, "Holy copyright law, Batman!," or “To the Batmobile!” But in affirming a district court’s ruling in a copyright infringement case by DC Comics against the maker of...more

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