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Trademarks › Trademark Litigation › Nominative Fair Use Doctrine

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Loeb & Loeb LLP

Take-Two Interactive Software, Inc. v. PlayerAuctions, Inc.

Loeb & Loeb LLP on

District court grants in part and denies in part defendants’ motion to dismiss Take-Two Interactive Software Inc.’s claims related to defendants’ operation of online marketplace for users to sell enhanced player accounts for...more

Proskauer - Blockchain and the Law

As NFTs Blur the Line Between “Receipt” and “Product”, Trademarks Owners Fight Over New Virtual Markets

Proskauer - Blockchain and the Law on

Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In the context of copyright, this dichotomy is generally uncontroversial: In...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 1 - Fall 2019

Katten Muchin Rosenman LLP on

Welcome to the inaugural edition of Kattison Avenue, a newsletter examining the hot topics in advertising from Katten’s office on Madison Avenue in New York City and beyond. As we prepared to launch our first issue, we wanted...more

McDermott Will & Schulte

Although Dismissal Sanction Was Abuse, Complaint Fails on Nominative Fair Use

McDermott Will & Schulte on

Addressing whether a district court properly dismissed a Lanham Act case as a sanction for failure to timely file an amended complaint, the US Court of Appeals for the Ninth Circuit concluded that the dismissal sanction was...more

Dorsey & Whitney LLP

No Free Ride for Copycat Perfume Company – Fair Use Rejected, False Advertising Found, Accounting of Profits Awarded

Dorsey & Whitney LLP on

Well-known perfume marketer Coty Inc. had a big win in New York federal district court, obtaining injunctive relief and $6.5 million dollars in an accounting of profits from copycat perfume seller Excell Brands, LLC. In an...more

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