Trademarks, Settlement Agreements, Trademark Infringement

Three Point Shot - August 2025

Proskauer Rose LLP on 8/12/2025

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

K&C Sports & Entertainment Law Weekly Roundup - April 2025 #3

Kaufman & Canoles on 4/15/2025

The settlement of a $2.8 billion federal class-action antitrust lawsuit filed by athletes against the NCAA and the largest conferences (ACC, Big Ten, Big 12, Pac-12 and SEC) was approved by the defendants and plaintiffs in...more

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

McDermott Will & Schulte on 8/25/2023

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

Three Point Shot - November 2022

Proskauer Rose LLP on 11/30/2022

NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe - NBA Properties, Inc. (“NBAP”), the exclusive licensee of the National Basketball Association (“NBA”) and NBA teams’ distinctive trademarks,...more

Cease and Desist Letters Need to Balance Effectiveness While Considering Consequences

Ladas & Parry LLP on 7/14/2021

Letters demanding that a company “cease and desist” what the sender of the letter deems an infringement of the sender’s intellectual property rights – whether patent, trademark or copyright – are communications primarily to...more

Second Circuit Overturns FTC Antitrust Decision Against 1-800-Contacts Involving Trademark Settlement Agreements

Proskauer - Minding Your Business on 6/29/2021

Earlier this month, the Second Circuit overturned a decision by the Federal Trade Commission (the “FTC”) holding 1-800-Contacts violated antitrust law by entering into trademark settlement and related agreements that...more

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

Haug Partners LLP on 12/17/2020

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

Jay-Z Has 99 Problems, and...Lack of Diversity Is One

Dorsey & Whitney LLP on 1/23/2020

Jay-Z and Iconix Brand recently settled a two-year old lawsuit centered on a $204 million licensing agreement. The settlement not only ends the federal lawsuit, but also ends an arbitration related to the suit which Jay-Z had...more

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

Akerman LLP - Marks, Works & Secrets on 10/29/2019

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

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

McDermott Will & Schulte on 8/14/2019

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

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 7/18/2019

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

Will Lucky Get Lucky This Time Around?

Akerman LLP - Marks, Works & Secrets on 7/9/2019

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

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

Knobbe Martens on 5/31/2019

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

January 2019 IP Update - Restricting Keyword Advertising Can be Anticompetitive, holds the FTC

Sunstein LLP on 2/27/2019

The contact lens juggernaut 1-800-Contacts has long been aggressive about curbing competitors’ use of “1-800-Contacts” as an online search keyword. On November 17, 2018, the Federal Trade Commission (FTC) held that fourteen...more

Defendants in Vineyard Vines Trademark Dispute Hit with Liquidated Damages and Attorneys’ Fees

Proskauer - New England IP Blog on 12/24/2018

In a recent decision out of the District of Connecticut, defendants MacBeth Collection, L.L.C, its affiliates, and owner found themselves in hot water when Judge Merriam determined they violated a permanent injunction barring...more

Great Scott! The DeLorean Estate Lawsuit Hits a Space Time Continuum Roadblock

Dorsey & Whitney LLP on 10/26/2018

The recent decision of DeLorean v. DeLorean Motor Co. is no doubt significant to the parties as well as attorneys and courts who will cite it in future briefs and decisions. However, it is also important because it...more

Arbitration Claim Unrelated to Prior Settlement Agreement Gets No Traction

McDermott Will & Schulte on 9/1/2017

The US Court of Appeals for the Eighth Circuit affirmed a denial to compel arbitration of a trademark infringement action because the new dispute did not arise out of or relate to the subject of a prior settlement agreement...more

Grey Marketing – Still Not Black and White in Canada

Smart & Biggar on 4/6/2017

Grey marketing, sometimes referred to as “parallel importation”, is the diversion of goods, originally intended for sale only in certain countries, to other countries where they were not intended to be sold. The goods are not...more

Five Takeaways: In the Trenches with Social Media

Kilpatrick on 12/2/2016

Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present to the 2016 INTA (International Trademark Association) Leadership Meeting. Mr....more

Luxo Shuts the Lights Out on Disney’s and Pixar’s Merchandising of Luxo Jr.

Weintraub Tobin on 9/30/2016

It is no secret; the Disney Corporation is a marketing and merchandising powerhouse. It has achieved that reputation by capitalizing on almost every marketing and merchandising opportunity that comes its way. If you have...more

#Trademarks?: Hashtags as Trademarks Revisited

Morrison & Foerster LLP - Social Media on 7/18/2016

Since our previous article on the emerging issue of trademark rights in hashtags, the use of hashtags in social media marketing has continued to grow. Described as the “ignition keys to a social media keyword search,”...more

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