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Unfair Competition Intellectual Property Protection Trademark Registration

Jaburg Wilk

What Is a Trademark? Understanding the Basics

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A trademark is a word, phrase, symbol, or design—or a combination of these—that identifies and distinguishes the source of goods or services of one party from those of others. Essentially, a trademark is your brand’s identity...more

Baker Donelson

New Decision Expands Protection for Foreign Brand Owners

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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

Morrison & Foerster LLP

Thatchers v. Aldi: A Bitter Battle over Cider Branding

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

Seyfarth Shaw LLP

UGG(H), My Business Needs to Change its Name –A Cautionary Tale for International Trademark Strategy

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A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States. Deckers Outdoor Corporation, a US-based shoe company, filed a lawsuit against the...more

Offit Kurman

Branding the Produce Aisle: Appealing to Consumer Tastes

Offit Kurman on

Brands are taking over the produce aisle at the grocery store. They have already conquered the cereal aisle, the soda aisle, the chips aisle, and the cookie aisle (my favorite). While there have always been produce brands...more

Irwin IP LLP

A Bloody Competition Over Lizzie Borden’s Legacy

Irwin IP LLP on

US Ghost Adventures, LLC v. Miss Lizzie's Coffee LLC, No. 23-2000, 2024 WL 4799288 (1st Cir. Nov. 15, 2024) - On November 15, 2024, the U.S. Court of Appeals for the First Circuit affirmed the denial of a preliminary...more

Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

Seyfarth Shaw LLP on

Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

Erise IP

What’s Trending in Trademarks, May 2024: Taylor Swift Fans Analyze Latest Trademark Filing; San Francisco Sues Over San Francisco...

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Taylor...more

ArentFox Schiff

Mic Drop: Singer-Songwriter Forgoes Public Performance Royalties to Prevent Performances by ‘Cover Band’ Amidst Lawsuit

ArentFox Schiff on

The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

McDermott Will & Schulte

What’s Kühler Than Kühl? No Likelihood of Confusion

Addressing unfair competition claims under the Lanham Act, the US Court of Appeals for the Tenth Circuit concluded that no reasonable juror would confuse an alcohol distributer’s use of the word “kühl” with use of a similar...more

Ladas & Parry LLP

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

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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

International Lawyers Network

Rejection Of A Registration Based On Possible Unfair Competition In Colombia

Decision 486 of 2000 of the Andean Community sets forth several events that may give rise to the rejection of trademark registration. Said events intend to protect the general interest that is involved in ensuring that no...more

Proskauer - Minding Your Business

Kardashian’s ‘SKKN by Kim’ Brand Facing Legal Uncertainty

Kim Kardashian has been hit with a lawsuit by New York-based Beauty Concepts LLC over Kardashian’s recently launched skincare line, “SKKN by Kim.” Beauty Concepts filed a complaint in the Eastern District of New York against...more

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