Trademark

“Dirty Dancing” Trademark Dilution Claims Reinstated

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August 5, 2016 This March, we reported on a California federal court’s dismissal of Lions Gate Entertainment Inc.’s (“Lions Gate”) trademark and unfair competition claims against TD Ameritrade Holding Corporation, a number of its subsidiaries (“TD”) and ad agency Havas Worldwide New York, Inc. (“Havas”) in connection with the Defendants’ “Dirty Dancing”-themed ad campaign.  This Monday, […]

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Trademark Enforcement May Lower Search Advertising Costs

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April 19, 2016 A recent MediaPost article exploring the search advertising efforts of the Avery Dennison Corporation (“Avery”) observed a substantial increase in clicks – and corresponding decrease in cost per click (“CPC”) and overall search ad costs – once Avery began enforcing its trademark rights. Are your trademark enforcement practices leaving money on the

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Allegedly Infringing Ad Campaign: Trademark Claims Preempted by Copyright

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March 30, 2016 Nobody puts Lions Gate Entertainment Inc.’s (“Lions Gate”) Dirty Dancing brand in a corner – except for a California federal district court and an allegedly infringing ad campaign. Why were Lions Gate’s trademark and unfair competition claims preempted by copyright?

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Refusal to Register Disparaging Trademarks Ruled Unconstitutional

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December 24, 2015 On December 22, 2015, the United States Court of Appeals for the Federal Circuit struck down a provision of the federal Lanham Act which prohibited the registration of “disparaging” trademarks by the United States Patent and Trademark Office (“USPTO”). Specifically, the Court found parts of Section 2(a) of the Lanham Act unconstitutional.

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Superman v. Superdad: Trademark Lawsuit to Continue

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December 18, 2015 This Tuesday, a California federal court in Los Angeles refused to dismiss DC Comics Inc.’s (“DC”) trademark lawsuit against Mad Engine, Inc. (“Mad Engine”) in connection with the business’ humorous take on DC’s iconic Superman shield logo. Can a business use someone else’s design or logo in jest?

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Mobile App Provider Slapped with $2 Million Trademark Infringement Lawsuit

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November 9, 2015 Last month, financial startup Ripple Labs, Inc. (“Ripple Labs”) sued social networking app provider Kefi Labs, LLC (“Kefi Labs”) and several of its employees in California federal court for over $2 million dollars in damages, including claims for alleged trademark infringement, unfair competition and cybersquatting. How can other app providers minimize their

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PornHub Advertising in Crosshairs for Sloppy Trademark Clearance

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August 19, 2015 Last Wednesday, an Italian consortium of Parmigiano-Reggiano cheese producers and traders threatened legal action against the owners of adult video website PornHub. The dispute stems from shoddy trademark clearance work and an adult-oriented commercial featuring the famous cheese’s trademark-protected name. Why is it important to clear advertising materials for third-party brands?

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