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?
Allegedly Infringing Ad Campaign: Trademark Claims Preempted by Copyright Read More »
February 9, 2016 Last Wednesday, TTNA, Inc. (“TTNA”), owner of the Baby Dolls Saloon strip clubs in Texas, filed a federal trademark infringement lawsuit against New York-based Baby Dolls Cabaret Ltd. (“Baby Dolls Cabaret”). Can TTNA strip Baby Dolls Cabaret of its name (and profits)?
Strip Club Shows Off Assets in Trademark Infringement Lawsuit Read More »
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.
Refusal to Register Disparaging Trademarks Ruled Unconstitutional Read More »
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?
Superman v. Superdad: Trademark Lawsuit to Continue Read More »
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
Mobile App Provider Slapped with $2 Million Trademark Infringement Lawsuit Read More »
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?
PornHub Advertising in Crosshairs for Sloppy Trademark Clearance Read More »
May 8, 2015 Last Thursday, Alamo Beer Company, LLC (“Alamo Beer”), Old 300 Brewing, LLC d/b/a Texian Brewing Co. (“Texian”) and the State of Texas settled an historical trademark dispute. The lawsuit, which began as a quarrel between two Texas breweries using the silhouette of the Alamo in their marketing materials, took an unexpected turn
Could Texas’ Alamo Trademark Battle Affect Shiner Beer? Read More »
April 9, 2015 After amending its application with the U.S. Patent and Trademark Office (“USPTO”) to show that its Tangerine Wheat Ale had acquired distinctiveness in the marketplace, California-based Table Bluff Brewing Inc. d/b/a Lost Coast Brewery (“Lost Coast”) was granted a federally registered trademark in 2014 (No. 4509582) for the phrase TANGERINE WHEAT for
Brewery Enforces Beer Trademark with Acquired Distinctiveness Read More »