Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast
(Podcast) The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
(Podcast) The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
(Podcast) The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
(Podcast) The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
(Podcast) The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University
(Podcast) The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University
What Were the Cooler Wars? (Part 2) — No Infringement Intended Podcast
The Briefing: The Stanley Cup Clash - A Trademark Battle (Podcast)
The Briefing: The Stanley Cup Clash - A Trademark Battle
Recognizing and Avoiding Trademark Scams and Hoaxes
Why Did the World Wrestling Federation Become WWE? — No Infringement Intended Podcast
(Podcast) The Briefing: Trademark Turbulence – Oakland vs SFO in Trademark Showdown
The Briefing: Trademark Turbulence – Oakland vs SFO in Trademark Showdown
(Podcast) The Briefing: Bad Spirits – How a Dog Toy Changed TV Title Clearance
Does the sale of promotional clothing products turn a vodka and bourbon company into a fashion retailer? How much weight should be given to overlap in “channels of trade” when two companies sell certain products online but...more
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
Ninth Circuit affirms dismissal of Lanham Act claims regarding use of drag queen Vicky Vox’s image and likeness in animated Netflix show and teaser trailer, holding, under Rogers test, that use was artistically relevant to...more
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
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
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
Legal Issue: Some people think you can just sell a trademark for profit. Sometimes these are called trademark farms where people will register a trademark only to sell it. Another situation arises where a company is...more
The Aldi supermarket chain has built a loyal and growing following—Aldi is on pace to open more than 225 new stores this year and promotes itself as a lower-cost alternative to traditional brands. Aldi has previously used...more
I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company...more
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
Kilpatrick partner Ted Davis spoke recently at the International Trademark Association’s annual meeting on recent developments in United States trademark and unfair competition law over the trailing twelve months....more
Third-party infringers are finding new ways to sell unauthorized products and profit from doing so. As one example, the third-party seller buys products in bulk from the product owner, receiving a cheaper rate due to bulk...more
The US Court of Appeals for the Ninth Circuit reversed and remanded a district court decision, allowing collection of actual damages in a default judgment where the complaint only sought damages “in an amount to be determined...more
Ford is seeking to stop an aftermarket restoration company from the alleged unauthorized use of the Bronco trademark and trade dress in connection with the rebuild of modern Ford Broncos. The case raises questions of whether...more
The United States Supreme Court issued a unanimous decision in Dewberry Engineers Inc. v. Dewberry Group, Inc. on Feb. 26, 2025, clarifying the scope of damages available under the Lanham Act in trademark infringement cases....more
Under the Lanham Act, a plaintiff who prevails on a trademark infringement claim may be entitled to recover the “defendant’s profits” as damages. The Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc....more
Everybody knows that trade marks are necessary to protect a brand’s logo and name, and a lot of people know that registered designs are a powerful tool in stopping counterfeit goods, but did you know these rights can also be...more
A recent precedential decision enlarges the protection for foreign trademark owners. Plumrose Holding Ltd. v. USA Ham LLC, Opposition No. 91272970 (January 17, 2025). The decision is a nod to foreign trademark owners to...more
On February 26, 2025, the Supreme Court of the United States issued a unanimous decision limiting the Lanham Act’s scope of damages in a trademark infringement action. The case involves a trademark dispute between two...more
The Supreme Court recently issued its opinion in Dewberry Group, Inc., FKA Dewberry Capital Corp. v. Dewberry Engineers Inc. (23-900, Feb. 26, 2025), and addressed the issue of awarding profits in a trademark infringement...more
On February 26, 2025, in a unanimous opinion, the US Supreme Court vacated a $43 million trademark infringement award and ruled that trademark plaintiffs cannot recover profits from defendants’ affiliates when those...more
On February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendant’s affiliates could be held liable for payment of a disgorged...more
The United States Supreme Court issued a unanimous decision in Dewberry Group, Inc. v. Dewberry Engineers Inc., vacating a nearly $43 million profits award and remanding the case for further consideration. The Court concluded...more
I. Introduction - A prevailing plaintiff under the Lanham Act may be entitled to several forms of monetary relief, among them an accounting of the defendant’s profits under Section 35 of the Act.1 The prospect of a...more
The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a complaint for trade dress infringement and unfair competition, finding that the district court erred in requiring the...more