News & Analysis as of

Trademark Litigation Preliminary Injunctions

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

Loeb & Loeb LLP

Jackson v. Kavanaugh

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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

Sunstein LLP

Wavy Baby Waves Goodbye to its Attempt at Humor

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In August, Vans, a globally-known footwear and apparel company, and MSCHF, a Brooklyn-based art collective, settled their trademark and trade dress dispute, entering an agreement that permanently enjoins and restrains MSCHF...more

McDermott Will & Schulte

Battle of the Bay: It’s Oakland Airport, Not San Francisco Bay Oakland International Airport

The US District Court for the Northern District of California granted the city and county of San Francisco a preliminary injunction enjoining the Port of Oakland from using the name or trademark “San Francisco Bay Oakland...more

McDermott Will & Schulte

Case Closed: OpenAI Prevails on Secondary Meaning

The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of a preliminary injunction (PI) in a trademark action under the Lanham Act, stating that the district court’s ruling was not clearly erroneous...more

McDermott Will & Schulte

Ghostly Misstep: No Confusion Means No Preliminary Injunction

In a trademark case involving an incontestable registration, the US Court of Appeals for the First Circuit affirmed a district court ruling denying the registrant a preliminary injunction (PI) for failure to establish...more

Erise IP

What’s Trending in Trademarks: November 2024: Injunction Upheld in OpenAI v. Open AI; USPTO Modifies Audit Practice to Target...

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: 9th Cir....more

Pillsbury - Internet & Social Media Law Blog

After Jack Daniel’s, the Other Shoe Drops for MSCHF in Wavy Baby Trademark Case

On December 5, 2023, the U.S. Court of Appeals for the Second Circuit affirmed a temporary restraining order and preliminary injunction secured by skateboard apparel company Vans against, MSCHF, an infamous parodist company....more

McDermott Will & Schulte

Grubhub Relishes Victory Against Trademark Preliminary Injunction

Upholding the denial of a preliminary injunction motion in a trademark infringement dispute, the US Court of Appeals for the Seventh Circuit concluded that the district court did not err in finding that the trademark owner...more

McDermott Will & Schulte

Whisk-y Business: Notice Alone Is Sufficient for Preliminary Injunction

The US Court of Appeals for the Fifth Circuit concluded that only notice of a preliminary injunction (PI) motion, and not perfected formal service, is needed to assert jurisdiction to issue an injunction. Whirlpool Corp. v....more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

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

MarkIt to Market® - October 2022: Don't Delay, Act Today: Showing of Irreparable Harm Damaged by Delay in Filing Complaint

In a recent court order out of the Eastern District of Washington, a judge denied the Plaintiff’s request for a preliminary injunction against Defendant’s use of the mark LEAVENWORTH OKTOBERFEST, based in part on Plaintiff’s...more

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

MarkIt to Market® - October 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more

McDermott Will & Schulte

Don’t Dew It: Second Circuit Cans Likelihood of Confusion Argument

The US Court of Appeals for the Second Circuit reversed and vacated a district court’s preliminary injunction grant because the district court erred in assessing the strength of a trademark. RiseandShine Corporation v....more

McDermott Will & Schulte

Counterfeit Dealer Gets Smoked in Trademark Preliminary Injunction Proceeding

The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction barring the defendant from selling counterfeit e-cigarette and vaping products bearing the plaintiff’s logo because the plaintiff’s psychoactive...more

McDermott Will & Schulte

Alleged Trademark Infringer Remains Hog-Tied after Appeal

The US Court of Appeals for the Tenth Circuit dismissed an appeal of a district court order denying a stay of a federal action for lack of jurisdiction under 28 U.S.C. § 1291 and reversed in part the district court’s grant of...more

McDermott Will & Schulte

#Blessed? Preliminary Injunction Related to Social Media Accounts Vacated

Addressing a dispute between a bridal designer and her former employer regarding the use of the designer’s name and control of various social media accounts, the US Court of Appeals for the Second Circuit affirmed the...more

Dorsey & Whitney LLP

Federal Court Blocks Effort to “Revive” J.W. Dant Bourbon Brand Already Alive

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Just in time for the holidays, the U.S. District Court for the Western District of Kentucky issued a decision steeped in two rich holiday traditions - family lore and alcohol. On December 16, 2021, the court entered a...more

Akerman LLP - Marks, Works & Secrets

What’s in a Name: SDNY Grants Preliminary Injunction Enforcing Contractual Bar Against Designer’s Use of Her Own Name

In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from...more

McDermott Will & Schulte

Fifth Circuit Says No Preliminary Injunction in Boozy Beverage Trademark Fight

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The maker of BRIZZY-brand hard seltzer claimed that consumers would confuse a product branded VIZZY hard seltzer with its own. The United States Court of Appeals for the Fifth Circuit disagreed, however, and affirmed the...more

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

ArentFox Schiff

Don’t Do it: Judge Ends Nike Ad Campaign Over Trademark Dispute

ArentFox Schiff on

This case highlights the importance of clearing new advertising slogans before embarking on a major marketing campaign. Because advertising slogans tend to be used for shorter periods, they are not always subject to the same...more

Dorsey & Whitney LLP

Jurisdiction based on a single bit of bitcoin: A single (probably) U.S.-based sale was enough to achieve relief with worldwide...

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The dispute over the bitcoin named Alibabacoin is apparently over. Last year, Chinese tech giant Alibaba sued Belarus - and Dubai-based ABBC Block Chain IT Solutions LLC in New York federal court for trademark infringement...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Winter 2019

Taiwanese Manufacturer of Smartphones Subject to Personal Jurisdiction in Texas in Patent Infringement Case Because of its Allegedly Purposeful Efforts to Serve the US Market Even Though all US Distribution was Orchestrated...more

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