Under the Anti-Cybersquatting Consumer Protection Act, 15 USCS § 1125 , a plaintiff may elect either actual damages and profits or statutory damages. But can a plaintiff pursue both theories and wait to see which award is larger before making an election? Pursuant to Kiva Kitchen & Bath, Inc...
In Zino Davidoff SA v. CVS Corp. , 571 F.3d 238 (2d Cir. N.Y. 2009) , the Second Circuit held that gray market goods are materially different, and thus, infringing under the Lanham Act, when the packaging has been altered. These holdings mark a significant broadening of the concept of material differences...
Access Designs, Inc.,
a company that manufactures TubcuT®, a product that alters regular bathtubs to
convert them into walk-in showers, has filed a trademark-infringement suit against The BathWorks Company in
federal district court in Charlottesville, Virginia. According to the
Issued April 6, 2010, this opinion is the latest installment
of the HAVANA CLUB saga. Here, Pernod Ricard USA brought a false
advertising claim against Bacardi U.S.A., alleging that Bacardi's use of the
HAVANA CLUB trademark on its rum bottle deceives consumers into believing that
The Second Circuit's April 1, 2010 opinion in Tiffany
v. eBay , both affirmed and remanded portions of the decision of
the U.S. District Court for the Southern District of New York that addressed
whether the online marketplace site eBay may be liable under theories of
trademark infringement or...
IN THE UNITED STATES DISTRICT
FOR THE NORTHERN DISTRICT OF
- - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
and COACH SERVICES...
IN THE UNITED STATES
FOR THE NORTHERN
DISTRICT OF ILLINOIS
and COACH SERVICES, INC.,
Plaintiffs, Case No.
CHARLIE'S OF ILLINOIS, INC.
CHARLIE'S FLEA MARKET,
SAI YUJ CHEN,
GING FANG CHEN...
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
COACH, INC. and COACH SERVICES, INC.,
Plaintiffs, Case No.
THE BUYER'S MARKET, INC., AN ILLINOIS
CORPORATION, d/b/a BUYER'S FLEA
MARKET, and DOES 1 through100,
worn exclusively by cowboys and farmers, have been given a whole new status by
famous designers and celebrities. As
denim design reaches new heights and prices for jeans get well into the
hundreds and even thousands of dollars, denim companies are becoming
increasingly protective of...
Tuesday, Cartier commenced litigation against HauteLook, Inc. for false advertising and
unfair competition, trademark infringement and dilution, and related claims arising under New York State and common law. Cartier seeks injunctive relief and monetary
HauteLook, a newly established...
Plaintiffs Seventh-day Adventists sued Walter McGill, a pastor, for trademark infringement based on McGill's use
of their protected marks in advertising and promoting his breakaway church.
McGill brought a motion to dismiss based on the Free Exercise Clause and the
Religious Freedom Restoration Act...
Recently, the Seventh Circuit answered the following question
in the negative: Is the Trademark Remedy Clarification Act (TRCA) a valid
exercise of Congress's Fourteenth Amendment power to regulate state behavior?
In Bd. of Regents
of the Univ. of Wis. Sys. v. Phoenix Int'l Software, Inc. ...
The Wounded Warrior Project's (WWP) $1.7 million judgment
against a similar charity, the Wounded Warriors Family Support, Inc. (WWFS),
was recently affirmed by the Eighth Circuit. WWP had alleged that WWFS sowed
confusion on the Internet by using a website to solicit donations intended for
Rachel Kane, owner of WTForever21.com, recently received
a cease-and-desist letter from clothing retailer Forever 21 . Apparently,
the retailer is not amused by Kane's sartorial criticism and has accused her of
engaging in "trademark infringement, copyright infringement, unfair competition
By Jeffrey A. Simmons ( email@example.com )
In March 2011, the U.S. Court of Appeals for the Ninth Circuit issued an important decision addressing the circumstances in which the use of keywords for Internet searches can constitute trademark infringement. The court's opinion in Network Automation...
To ensure that courts give proper recognition to rights
conferred by trademark registrations under U.S. law and follow precedent
protecting trademarks that also have aesthetic attributes, the International
Trademark Association (INTA) filed an amicus brief on November 14, 2011 in a
By: Donna Ray Berkelhammer
Obtaining a federal or state trademark is merely the first step in protecting your brand and reputation. If you don't actively root out and address infringement, you could be abandoning your mark. Many people equate " policing " a trademark with sending stern...
Judge Leonie M. Brinkema was not impressed with the trademark infringement case filed by Wag'N Enterprises, a pet-safety company based in Herndon, Virginia, against a California nonprofit known as Redrover. Entering summary judgment in favor of Redrover, she essentially found that no reasonable jury...
Midwestern Pet Foods, Inc. (Midwestern) applied for a
trademark on its dog treat product, WAGGIN' STRIPS. The Societe des Produits
Nestle S.A. (Nestle), which holds the trademark on a similar dog treat, BEGGIN'
STRIPS, challenged the application, claiming Midwestern's proposed mark would...
The Eighth Circuit recently determined that an infringement lawsuit
involving the trademark, "Nature's Own," did not invoke an insurer's duty to
defend under an "Advertiser Advantage" insurance policy. The policy
excluded claims "for or arising from infringement or...
WASHINGTON, D.C. - ( Mealeys ) The Second
Circuit U.S. Court of Appeals properly found standing lacking in a trademark
infringement case by virtue of a covenant not to sue, an attorney for Nike Inc.
told the U.S. Supreme Court yesterday ( Already LLC d/b/a YUMS v. Nike Inc. ,
No. 11-982, U.S. Sup...
WASHINGTON, D.C. - ( Mealey's ) The Second
Circuit U.S. Court of Appeals properly rejected trademark counterclaims levied
against Nike Inc. where a covenant not to sue entered into by the counterclaimant
extinguished any justiciable controversy between the two, the U.S. Supreme
Court held today...
by Stan Hammer
In its second published opinion vacating the judgment of
the district court, the Fourth Circuit recently ordered that a jury's verdict
awarding Georgia-Pacific nearly $800,000 in damages for trademark infringement
be reinstated. Georgia-Pacific
Consumer Prods., LP v. Von Drehle...
The practice of using a competitor’s trademark as a keyword to trigger sponsored links in Internet search engines received a boost this week from the U.S. Court of Appeals for the Tenth Circuit. In 1-800 Contacts, Inc. v. Lens.com, Inc. , the Court rejected 1-800 Contacts’s claim that the...
A potentially big Canadian fashion law dispute caught our attention last week and we couldn’t wait to tell you all about it. Canada Goose is taking on Sears Canada over Sears’ sale of allegedly infringing jackets. Below is a summary of Canada Goose’s claims against Sears: