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Trademark Registration › Appeals › Unfair Competition

Fitch, Even, Tabin & Flannery LLP

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

Fitch, Even, Tabin & Flannery LLP on

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

Morrison & Foerster LLP

Thatchers v. Aldi: A Bitter Battle over Cider Branding

Morrison & Foerster LLP on

On 20 January 2025, the Court of Appeal handed down its judgment in the trade mark dispute between Thatchers Cider Company Limited (“Thatchers”), the largest family-run independent cider producer in the UK, and Aldi Stores...more

McDermott Will & Schulte

Lager Than Life: $56 Million Verdict in Beer Trademark Dispute Still on Tap

McDermott Will & Schulte on

The US Court of Appeals for the Ninth Circuit upheld a $56 million trial verdict in a trademark dispute, finding that the evidence supported the jury’s conclusion that a beer company’s rebranding of one its beers infringed a...more

Ladas & Parry LLP

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

Ladas & Parry LLP on

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

On the Border of Art and Trademark: First Amendment Trumps the Lanham Act

McDermott Will & Schulte on

The US Court of Appeals for the Eleventh Circuit weighed trademark rights against free speech considerations and found that the First Amendment protected use of an artistic work that was not deliberately misleading. MGFB...more

Jones Day

Standing to Enforce Foreign Trademark Rights After Belmora v. Bayer Certiorari Denial

Jones Day on

On February 27, 2017, the Supreme Court of the United States denied certiorari in Belmora LLC v. Bayer Consumer Care AG, 819 F.3d 697 (4th Cir. 2016), cert. denied, __ S. Ct. __, 2017 WL 737826 (U.S. Feb. 27, 2017) (No....more

Knobbe Martens

It’s a Game Winning Shot but Far from a Slam Dunk: Michael Jordan Obtains Partial Victory in Chinese Courts over Use of His Name

Knobbe Martens on

In December 2016, China’s Supreme Court held that a Chinese manufacturer named Qiaodan Sports Company, could not continue to produce athletic shoes, clothing and gear bearing the trademark (see article), which is the Chinese...more

Proskauer Rose LLP

Three Point Shot - December 2016

Proskauer Rose LLP on

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

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