LexBlog IP

AUGUST 17, 2021

Considering whether trademark owners can enter into settlement agreements that restrict the parties’ search advertising without violating U.S. antitrust laws, in 1‑800 Contacts, Inc. FTC, the Second Circuit held the restrictions permissible. § 45(a)(1). § 45(a)(1). Read more.

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IP Watchdog

APRIL 25, 2023

What was not a part of these discussions were the implications to Fox’s trademark, FOX NEWS®. million settlement and the subsequent departure of Tucker Carlson—it could cost their name and brand. Claims of defamation, damages of $1.6 This case, even though it just settled, may have just cost Fox News a lot more than the $787.5

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IP Law 360

NOVEMBER 9, 2023

Skateboarding shoe and apparel company Vans and retail giant Walmart told a California federal court that they had reached a settlement in a trademark suit accusing the retailer of selling knockoffs of Vans' popular sneakers ahead of a Nov. 28 scheduled trial.

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IP Law 360

SEPTEMBER 19, 2023

A New York federal judge has agreed to toss a fashion brand's suit alleging model Hailey Bieber's skin care line Rhode infringed its trademarks, noting the parties have reached an agreement on the core terms of a settlement that will fully resolve the dispute.

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IP Law 360

MAY 13, 2024

million trademark loss over its use of the color purple and eventually settled the suit is likely violating that settlement, an Illinois federal judge said Monday, though he held off formally ruling so the parties could work out the issue. A shower building material maker that suffered a $5.5

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IP Law 360

OCTOBER 22, 2021

A Manhattan federal judge heard Friday that "epic" settlement talks over two years have failed in what could be a big-dollar trademark infringement battle between sportswear giant Adidas and clothier Thom Browne over striped athletic gear and shoes.

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IP Law 360

APRIL 26, 2023

coverage for more than $13 million remaining in a settlement with Vanderbilt University after the college sued the book publisher and distributor over trademark and copyright infringement, Scholastic told a New York federal court Wednesday. A Travelers unit has wrongfully refused to provide Scholastic Inc.

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IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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Patent Trademark Blog

FEBRUARY 1, 2023

Do you even need a trademark lawyer? Nowadays, there are so many options for filing a trademark application with the USPTO. Just like anything else on YouTube, you can even find do-it-yourself videos on filing trademark applications. With all this free advice readily avaiable, why do you even need to choose a trademark attorney?

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BYU Copyright Blog

SEPTEMBER 2, 2022

Seuss"), the successor to the author's intellectual property interests, filed suit against ComicMix LLC, the creator of the mashup, for both copyright and trademark infringement. Seuss Enterprises, L.P.

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IP Law 360

FEBRUARY 23, 2023

A Nationwide unit and a Florida guitar company have reached a settlement resolving remaining claims in their Texas federal court coverage row over an underlying case in which the guitar maker was found liable for infringing Gibson Brands' trademarked designs.

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JD Supra Law

AUGUST 31, 2021

Court of Appeals for the Second Circuit clarified the legal standing of trademark settlement agreements and upheld agreements prohibiting a competitor’s use of a trademarked term in keyword search advertising.

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Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

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IP and Legal Filings

JANUARY 30, 2022

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. The post Trademark Infringement Get So “Lucky” first appeared on IPLF.

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Likelihood of Confusion

AUGUST 12, 2021

scores trademark coup with Beatles’ label logos Originally posted 2012-03-18 14:49:21. The post Getting to the core of the Apple / Beatles TM settlement appeared first on LIKELIHOOD OF CONFUSION™. Nice little bit of journalism here: Apple Inc. Republished by Blog Post Promoter.

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JD Supra Law

SEPTEMBER 7, 2023

The US Court of Appeals for the Eleventh Circuit ruled that under certain circumstances a trademark licensee can bring a claim against a third party for unfair competition under the Lanham Act even if the licensing agreement does not expressly authorize it to do so. Overhead Door Company of Kansas City v. OGD Equipment Company, LLC, Case No.

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IP and Legal Filings

FEBRUARY 6, 2023

They entered into a trademark war over the common starting syllable ‘THE’ as both the outlets deal with identical goods and services. THEOS’ acknowledged ‘THEOBROMA’ as the owner of the trademark and agreed to not use the mark ‘THEOBROMA’ in any manner.

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IP Law 360

APRIL 11, 2024

to disqualify an attorney representing a former president of the organization in an appeal over a trademark suit settlement, rejecting its argument that the lawyer's time serving the group should prevent him from guiding its former leader. The Eleventh Circuit on Thursday denied a request from Gold Star Wives of America Inc.

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Patent Trademark Blog

FEBRUARY 8, 2022

What factors matter in choosing a trademark opposition attorney? So it appeared that your trademark application was approved and on track to a registration until it got derailed. If you would rather not give up, here are some suggestions on choosing a trademark opposition attorney. Should you hire a trademark filing service?

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Trademark and Copyright Law Blog

OCTOBER 17, 2022

Matters relating to copyright, trademark and advertising law give rise to some special ethical considerations. Oaths filed with the Patent and Trademark Office, and who should sign them. Negotiating settlement of advertising-related competitor suits and class actions. Ethical duties are paramount in any legal practice.

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JD Supra Law

APRIL 30, 2024

On April 19, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) that proposes rules regarding the exercise of discretion to determine whether to institute an Inter Partes Review (IPR) or Post-Grant Review (PGR) proceeding with regard to serial petitions, parallel petitions, joinder petitions, and (..)

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IP Law 360

FEBRUARY 14, 2022

million settlement that will end Koi Design LLC's legal malpractice suit against The Bloom Firm APC and one of its former attorneys for allegedly botching a trademark infringement suit that the company lost by default. A California federal judge approved a $1.1

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IP Law 360

SEPTEMBER 12, 2023

A confidential settlement has brought a federal trademark lawsuit between two dietary supplement companies to a close in the District of Connecticut, according to a joint motion to dismiss the dispute surrounding use of the phrase "jet fuel" to describe competing products.

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IP Law 360

AUGUST 30, 2023

and rival CXRE LLC told a Texas federal judge that the companies had reached a settlement ending accusations that the rival confused and deceived customers by using a similar trademark. Brokerage CBRE Inc.

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Traverse Legal Blog

JULY 14, 2022

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. Were you using your trademark before the alleged infringer?

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IP Law 360

SEPTEMBER 11, 2023

A Canadian brewing company has dismissed its trademark lawsuit accusing a historic Denver beer maker of reneging on an earlier settlement deal to change its moose head branding, according to a notice of voluntary dismissal of the case.

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Corsearch

FEBRUARY 22, 2024

Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. What is trademark infringement? Let’s start with the basics; what is trademark infringement?

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Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. How extensively do they discuss the risks? There’s plenty to discuss.

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Patent Trademark Blog

OCTOBER 18, 2021

What is the difference between a suspension and an extension of trademark opposition deadlines? Each trademark opposition will have deadlines set by the TTAB. The parties may still be actively pursuing the trademark opposition even with a pending motion to extend. What is a motion to suspend trademark opposition deadlines?

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Patent Trademark Blog

MAY 19, 2022

Should you file a trademark opposition? A trademark application is close to the finish line. Should you file a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB). What does a TTAB trademark opposition case look like? You have trademark questions. How long is a trademark opposition?

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LexBlog IP

OCTOBER 27, 2021

Trademark Opposition strategies. trademark opposition proceedings need not be expensive or protracted. This is one of the surprising conclusions for global trademark owners who seek to protect their rights in the United States. United States trademark oppositions are primarily heard before the U.S. Commencement of action.

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Plagiarism Today

JANUARY 24, 2022

First off today, Kim Lyons at The Verge reports that American Airlines has filed a lawsuit against the travel tips website The Points Guy alleging that the site has violated their copyrights, trademarks and the terms of service of their frequent flyer program. 2: Nintendo Copyright Strikes That Pokemon First Person Shooter.

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Patent Trademark Blog

JULY 5, 2022

What is a Notice of Opposition to your trademark application? When your trademark application is approved by the USPTO, it will be published for opposition. During that time period, a third party might oppose the registration of your trademark by filing a notice of opposition with the Trademark Trial and Appeal Board (TTAB).

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LexBlog IP

JULY 26, 2021

trademark opposition proceedings can be done within budget. Trademark Trial and Appeal Board can be $75,000 or more, less than 5% of trademark cancellation and opposition proceedings before the TTAB reach a decision on the merits. Trademark Trial and Appeal Board (TTAB) is limited to deciding issues of registration only.

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Patent Trademark Blog

JUNE 2, 2023

How can you realistically enforce your trademarks? Trademark enforcement is not only for millionaires and big companies. Startups and small businesses can use cost-effective ways to stop or discourage trademark infringement. By employing smart tactics, you can increase trademark protection while spending less.

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IP Law 360

JANUARY 18, 2024

has voluntarily dismissed its trademark infringement suit against a California man accused of cybersquatting on a domain for Yelp's artificial intelligence product after settling out of court. Crowd-sourced business review platform Yelp Inc.

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IP Law 360

OCTOBER 31, 2023

Dunkin' Brands has come to a settlement agreement over its claim that a vaping manufacturer infringed on the donut giant's trademark by promoting electronic cigarettes under the mark "Vapin' Donuts," according to a settlement notice filed Tuesday in New York federal court.

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