News & Analysis as of

Trademark Infringement Trademark Litigation

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

Legally Viral: Reality TV Trademarks on Social Media

While reality stars often use their on-camera exposure to kick-start their personal brand, sustaining momentum relies heavily on cultivating a strong social media presence to stay connected with their audience. Not...more

ArentFox Schiff

Clash of the Columbias - Litigating Co-Existence Agreements

ArentFox Schiff on

Columbia Sportswear and Columbia University both use the word mark “COLUMBIA” on apparel. To prevent confusion and avoid a trademark fight, the parties entered into a co-existence agreement in 2023 to let the University keep...more

Irwin IP LLP

NDIL Shreds the “Schedule A” Playbook: Specificity Required 

Irwin IP LLP on

Eicher Motors Limited v. Partnerships & Unincorporated Ass’ns Identified on Schedule “A”, No. 25cv02937 (N.D. Ill. Aug. 8, 2025) - For years, the Northern District of Illinois has served as the hub for “Schedule A”...more

Mayer Brown

Penn State v. Vintage Brands

Mayer Brown on

In this episode of The Upper Brand, hosts Kristine Young and Rich Assmus delve into the Penn State v. Vintage Brands case, exploring the complexities of trademark use in collegiate merchandise. They discuss the legal...more

International Lawyers Network

Global Giants vs. Local Legends: The Fanatics v FanFirm IP Battle Unpacked

Fanatics, LLC v FanFirm Pty Ltd [2025] FCAFC 87 - The Full Federal Court of Australia has passed judgment on a clash between local sports merchandiser, FanFirm Pty Limited, and a global opponent, Fanatics, LLC in a case about...more

Baker Donelson

Bored Apes – Intangible "Goods" Pave the Way for Trademark Protection of NFTs

Baker Donelson on

In a recent decision establishing important precedent for trademark rights associated with digital assets, the Court of Appeals in Yuga Labs, Inc. v. Ripps, Case No. 24-879, 2025 WL 2056060 (9th Cir. July 23, 2025), clarified...more

DarrowEverett LLP

Trademark Rights Explained: Common Law vs. Federal Registration

DarrowEverett LLP on

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

Jaburg Wilk

Maintaining and Protecting Your Trademark Rights After Registration

Jaburg Wilk on

Securing a federal trademark registration is a major milestone—but it is not the end of the journey. To keep your rights strong and enforceable, you need to maintain the registration and actively protect the mark in the...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2025 #2

Kaufman & Canoles on

The Denver Broncos told a Colorado state court Friday that a now-defunct coffee company illegally used the team’s intellectual property to sell products even though it owed the team over $1.5 million....more

Troutman Pepper Locke

Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast

Troutman Pepper Locke on

In this episode, Austin Padgett and Rusty Close venture into the dynamic world of guitar pedals, focusing on the iconic Klon Centaur and its creator's legal showdown with Behringer's Centaur Overdrive. While many Klon...more

Proskauer Rose LLP

Three Point Shot - August 2025

Proskauer Rose LLP on

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

Dorsey & Whitney LLP

When it Comes to the View, Will the Cubs Play Ball?

Dorsey & Whitney LLP on

Watching a Cubs game from a nearby rooftop sounds like an ideal afternoon.  At Wrigley Field, it became a business.  For years, rooftop owners near the stadium sold tickets, served food and drinks, and offered fans a unique...more

Baker Donelson

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

Baker Donelson on

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

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

Mayer Brown

Key Court Decisions: Functional and Generic Trademarks

Mayer Brown on

In this episode of The Upper Brand, Richard Assmus, Kristine Young, and Christa Cole delve into key court cases that have shaped trademark law. They explore the intricacies of functional and generic trademarks, with insights...more

Dorsey & Whitney LLP

Federal Circuit Finds Sua Sponte is Not a Good Vintage

Dorsey & Whitney LLP on

Legal decisions, like fine wine, should be balanced. The Federal Circuit recently corked a non-precedential TTAB decision that ECHO D’ANGÉLUS was not confusingly similar to ECHO DE LYNCH BAGES, where both were used for wine,...more

Loeb & Loeb LLP

Jackson v. Kavanaugh

Loeb & Loeb LLP on

District court denies rapper 50 Cent’s motion to preliminarily enjoin release of horror film Skill House, holding plaintiff failed to show likelihood of success, or even serious questions, on merits of his right of publicity...more

McDermott Will & Schulte

It’s not monkey business: NFTs can be trademarked

The US Court of Appeals for the Ninth Circuit concluded that a non-fungible token (NFT) is a “good” under the Lanham Act but reversed the district court’s grant of summary judgment for trademark infringement because the owner...more

Fitch, Even, Tabin & Flannery LLP

The Federal Circuit takes on Kisses, Sunlight, and Soft Drinks

An application for a US trademark may be rejected if it is likely, when used on or in connection with the goods of the applicant, to cause confusion with another registered mark. On July 23, in Sunkist Growers, Inc. v....more

Mayer Brown

Online Advertisements and Trade Mark Infringement – Singapore Court of Appeal Issues a Landmark Decision

Mayer Brown on

The Singapore Court of Appeal's decision in East Coast Podiatry Centre Pte Ltd v Family Podiatry Centre Pte Ltd [2025] SGCA 28 ("East Coast Podiatry") marks a significant development in Singapore's trade mark jurisprudence,...more

Jaburg Wilk

Common Trademark Mistakes (And How to Avoid Them)

Jaburg Wilk on

Registering and protecting a trademark involves more than just filing paperwork. Many businesses make costly errors that could lead to rejection, enforcement issues, or even the loss of rights. Here are some of the most...more

McDermott Will & Schulte

Clean bill of health: Only domestic activities count when analyzing likelihood of confusion

Affirming a summary judgment decision finding no trademark infringement under the Lanham Act, the US Court of Appeals for the Ninth Circuit determined that the district court properly focused on domestic activity with regard...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

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Top Brand LLC v. Cozy Comfort Company LLC

Top Brand LLC v. Cozy Comfort Company LLC, Appeal No. 2024-2191 (Fed. Cir. July 17, 2025) In this week’s Case of the Week, the Court of Appeals for the Federal Circuit held that prosecution history disclaimer applies to...more

Hogan Lovells

Iconix v Dream Pairs: post sale confusion is enough for UK trade mark infringement

Hogan Lovells on

The UK Supreme Court has allowed Dream Pairs’ appeal against the decision of the Court of Appeal and confirmed that post-sale confusion alone is sufficient for UK trade mark infringement to be established because damage to...more

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