Trademarks, Trademark Infringement, Unfair or Deceptive Trade Practices

RAW Confusion? No Error Where Trial Court Declines to Clarify Agreed Jury Instruction

McDermott Will & Schulte on 5/8/2025

The US Court of Appeals for the Seventh Circuit affirmed a district court’s jury verdict that found trade dress infringement and liability under state deceptive practices law, and the court’s order entering a nationwide...more

Workin’ for a Birkin? The “Wirkin” Bag and Clever IP Protection

Seyfarth Shaw LLP on 1/31/2025

If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at...more

Infringement of Trademark by Metatag and Keywords

International Lawyers Network on 1/20/2025

Introduction - Post-pandemic, there has been a significant rise in digital marketing worldwide. Companies are utilising platforms (“Platforms”) like Google Ads and various social media networks to connect with prospective...more

Trademark Case Shows Infringement Is Often in the Eye of the Beholder — Federal Court Rules in Favor of Beauty Company’s “Dupe”...

Troutman Pepper Locke on 1/7/2025

Conventional notions of trademark law suggest that emulating a popular product or service carries certain legal risks. However, a recent federal ruling highlights the complexities of trademark infringement cases involving...more

Clear Vision: Keyword Search Term Purchase Doesn’t Blur Trademark Lines

McDermott Will & Schulte on 10/17/2024

Addressing the issue of trademark infringement based on the purchase of search advertising keywords, the US Court of Appeals for the Second Circuit joined the consensus view and upheld a district court decision finding that...more

Whataburger v. What-A-Burger #13 - A battle for trademark rights in North Carolina, and potential defenses for junior trademark...

Dorsey & Whitney LLP on 7/29/2024

Whataburger has once again found itself in the news over a lawsuit it filed over naming rights against a long-standing East Coast burger establishment for its purported infringement of the WHATABURGER trademark....more

Castelbajac Saga: Can the Misleading Use of a Patronymic Trademark by Its Assignee Be Sanctioned by Its Revocation for Deceptive...

BCLP on 5/31/2024

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more

Holdover Trademark Licensee Status Can’t Do Heavy Lifting on “Exceptionality”

McDermott Will & Schulte on 8/4/2022

The US Court of Appeals for the Sixth Circuit addressed issues of enhanced remedies in a dispute regarding the sale of weightlifting equipment beyond the expiration of a licensing agreement between the involved parties....more

Podcast: The Briefing by the IP Law Blog - Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

Weintraub Tobin on 10/1/2021

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800...more

The Briefing by the IP Law Blog: Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

Weintraub Tobin on 10/1/2021

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800...more

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

Akerman LLP - Marks, Works & Secrets on 3/16/2020

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

Hotels and Consumers Making Headway in Anti-Room Poaching Battle

Foster Garvey PC on 5/4/2018

It’s estimated that room poaching results in upwards of $1.3 billion in lost revenue for hotels and lost funds for consumers every year. As hotels and consumers look for a way to fight against these losses, trademark...more

Food & Beverage Litigation Update | February 2018

Shook, Hardy & Bacon L.L.P. on 2/5/2018

Cooke Aquaculture Fined $332,000 For Puget Sound Salmon Pen Collapse - The Washington Department of Ecology has reportedly fined Cooke Aquaculture $332,000 for violations of state water quality laws related to a net pen...more

Dietary Supplement & Cosmetics Legal Bulletin | August 2017

Shook, Hardy & Bacon L.L.P. on 8/24/2017

"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more

Three Point Shot - June 2017

Proskauer Rose LLP on 6/29/2017

"12th Man" Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses - Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department. On January 19, 2017,...more

Top 10 Litigation Risks and Trends for Retailers

Perkins Coie on 12/16/2016

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Hi-Tech Accuses Dynamic of Trademark Infringement and False Claims of Steroid Powered Products

Womble Bond Dickinson on 10/7/2015

On September 28, 2015, Hi-Tech Pharmaceuticals, Inc. (“Hi-Tech”), a Georgia corporation, brought a trademark infringement action against Dynamic Sports Nutrition, LLC d/b/a Anabolic Research (“Dynamic”), and Brian Clapp...more

Trademarks › Trademark Infringement › Unfair or Deceptive Trade Practices

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