Second Circuit Provides a Glimmer of Hope for Dilution Plaintiffs

Since the inception of the U.S. federal trademark dilution statutes, courts' interpretations have been fraught with difficulties for dilution plaintiffs. In Starbucks Corp. v. Wolfe's Borough Coffee, Inc., 588 F.3d 97 (2d Cir. N.Y. 2009) , the Court interpreted the Trademark Dilution Revision...

Challenges For Brand Owners and Marketplace Sites in the Wake of Tiffany v. eBay

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...

FREE DOWNLOAD: Complaint - Coach, INC., et al. v. City of Chicago, d/b/a New Maxwell Street Mark, et al., Case 1:10-cv-03108 (N.D. Ill.)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - : COACH, INC. and COACH SERVICES...

FREE DOWNLOAD: Complaint - Coach, INC., et al. v. Montana Charlie's of Illinois, INC. d/b/a Montana Charlie's Flea Market, et al., Case 1:10-cv-03751, (N.D. Ill.)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION COACH, INC. and COACH SERVICES, INC., Plaintiffs, Case No. v. MONTANA CHARLIE'S OF ILLINOIS, INC. d/b/a MONTANA CHARLIE'S FLEA MARKET, SAI YUJ CHEN, GING FANG CHEN...

FREE DOWNLOAD: Complaint - Coach, INC., et al. v. The Buyer's Market, Inc., an Illinois Corporation, d/b/a Buyer's Flea Market, et al., Case 1:10-cv-03781 (N.D. Ill.)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION COACH, INC. and COACH SERVICES, INC., Plaintiffs, Case No. v. THE BUYER'S MARKET, INC., AN ILLINOIS CORPORATION, d/b/a BUYER'S FLEA MARKET, and DOES 1 through100, Defendants...

Has Your Bag of Trademark Tricks Grown Larger? District Court Recognizes Novel Causes of Action in Cybersquatting Case: Microsoft Corp. v. Shah (W.D. Wash. Jan. 12, 2011)

Plaintiffs may bring novel causes of action for contributory cybersquatting and for contributory trademark dilution, according to a recent ruling from the U.S. District Court for the Western District of Washington. In so ruling, the district court refused to narrowly read the Anti-Cybersquatting Consumer...

INTA Issues Statement Regarding Its Amicus Brief in Louboutin S.A. v. Yves Saint Laurent Red Sole Mark Case

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 widely-watched...

Sunstein, Kann, Murphy, & Timbers: Starbucks Absorbs Another Loss in Its Long Trademark Battle with Charbucks

By Steve Abreu , a member of our Trademark Practice Group No doubt about it: It is hard for brand owners to protect against trademark dilution, even with a name as famous as STARBUCKS. With its decision in Starbucks Corp. v. Wolfe's Borough Coffee, Inc. , a federal court in Manhattan has yet...

Sheppard Mullin Richter & Hampton LLP: Battle of the G's Rages On: Gucci's $124 Million Trademark and Trade Dress Infringement Lawsuit Against Guess? Withstands Summary Judgment

By Shannon King The multi-million dollar trademark and trade dress dispute between Italian fashion label Gucci and American designer Guess?, Inc. ("Guess?") marches on toward trial as Judge Shira Scheindlin of the United States District Court for the Southern District of New York largely...

Top 10 Copyright Cases for the Month of May 2012

1. Gaylord v. United States, 2011-5097, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 9719, May 14, 2012, Decided [ enhanced version available to lexis.com subscribers ] OVERVIEW: Claimant who sought 10% royalty on sales of stamps bearing image of statues on which...