News & Analysis as of

Trademark Litigation Settlement Agreements

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

McDermott Will & Schulte

Victory lap: Extraterritorial injunction permitted for breach of settlement agreement

The US Court of Appeals for the Fourth Circuit upheld a permanent injunction, concluding that the district court properly determined that a party’s violation of a settlement agreement would lead to irreparable harm. Wudi...more

Dorsey & Whitney LLP

Bridal Fashion Label and Designer Straighten Social Media Ruffles in Bankruptcy Deal

Dorsey & Whitney LLP on

The 2010s were a heyday for bridal fashion. TLC’s “Say Yes to the Dress” reality series captivated viewers watching brides navigate family opinions and emotions while shopping for “the dress” at Kleinfeld’s Bridal in New York...more

McDermott Will & Schulte

Back to the Future: Prior Third-Party Settlement Doesn’t Impact Future Trademark Licensees

The US Court of Appeals for the Eleventh Circuit ruled that under certain circumstances a trademark licensee can bring a claim against a third party for unfair competition under the Lanham Act even if the licensing agreement...more

McDermott Will & Schulte

Disgorgement of Profits Appropriate Remedy for Breach of Contract, Trademark Infringement

In a trademark infringement and breach of contract case involving real estate companies with a shared name, the US Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the trademark owner, including...more

Fenwick & West LLP

Second Circuit: Trademark Agreements Restricting Keyword Advertising Are Not Anti-Competitive

Fenwick & West LLP on

In a recent decision, the U.S. Court of Appeals for the Second Circuit clarified the legal standing of trademark settlement agreements and upheld agreements prohibiting a competitor’s use of a trademarked term in keyword...more

ArentFox Schiff

1-800 Contacts Can See Clearly Now: FTC Antitrust Decision Overturned

ArentFox Schiff on

The Second Circuit confirmed last month that parties settling trademark disputes have significant flexibility to avoid violating the antitrust laws. The Court overturned a Federal Trade Commission (FTC) decision finding that...more

McDermott Will & Schulte

School’s Out: Trademark Settlement Agreement Enforceable

Addressing issues relating to jurisdiction, contract enforceability and trademarks, the US Court of Appeals for the First Circuit concluded that two schools that used similar names had a valid and enforceable settlement...more

Haug Partners LLP

The Federal Circuit “OK”s a Questionable Path to Petitioning for Cancellation of a Trademark Registration

Haug Partners LLP on

In Australian Therapeutic Supplies Pty Ltd. v. Naked TM, LLC, the Federal Circuit recently denied a petition for rehearing en banc of a panel decision finding that a petitioner who contracted away its rights to unregistered...more

ArentFox Schiff

Supreme Court Sides With Lucky Brand in Trademark Dispute

ArentFox Schiff on

Earlier this month, the Supreme Court unanimously sided with fashion brand Lucky Brand Dungarees, Inc. (LB) resolving its decades-old dispute with Marcel Fashion Group, Inc. (Marcel). The victory came on technical...more

Akerman LLP - Marks, Works & Secrets

Lucky Opening Brief on Cert.: Second Circuit’s Novel “Defense Preclusion” Rule Turns a Blind Eye on Bedrock Preclusion Principles

In June 2019, the United States Supreme Court granted certiorari in Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., No. 18-1086.  As set forth in our prior blog posts, Lucky Brand Dungarees Inc. and related...more

McDermott Will & Schulte

Supreme Court to Address Whether Claim Preclusion Bars Defendant from Raising Defense Not Litigated or Resolved in Prior Case

The Supreme Court of the United States granted Lucky Brand’s request to address whether claim preclusion principles bar a defendant from asserting a new defense in a case when the defense could have been raised over previous...more

Womble Bond Dickinson

In Marcel v. Lucky Brands, Two Retail Companies in Long-Running Trademark Dispute Hope to “Get Lucky” at the Supreme Court

Womble Bond Dickinson on

After years of litigation, two retail companies - Lucky Brand Dungarees, Inc. and Marcel Fashions Group - will have their most recent case heard by the United States Supreme Court. In 2001, Marcel Fashions sued Lucky Brand...more

Akerman LLP - Marks, Works & Secrets

Will Lucky Get Lucky This Time Around?

On Friday, June 28, 2019, the U.S. Supreme Court agreed to consider whether, in cases where a plaintiff asserts new claims, federal preclusion principles bar a defendant from raising defenses that were not actually litigated...more

Knobbe Martens

Stirring the Pot: Recent Trademark Infringement Claims from Major Brands In the Cannabis Field

Knobbe Martens on

What do UPS and TAPATIO hot sauce have in common? Based on recent California Court filings, both companies are serious about protecting their trademarks from infringement by entities in the cannabis space. In 2019, both...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide