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...
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...
On April 7, 2008, the Court of Appeals for the 11 th Circuit addressed the use of a competitor’s trademarks in meta tags to divert internet traffic away from the trademark owner’s website as well as the standard for the issuance of a preliminary...
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....
For intellectual property lawyers, the March announcement by Psystar Company that it had developed and planned to sell a fully functional clone of Apple, Inc.’s Macintosh computer was a lawsuit waiting to happen! So we waited. And waited. Well,...
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
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...
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 "...
IN THE UNITED STATES DISTRICT
FOR THE NORTHERN DISTRICT OF
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Fantastic Sams, a chain of hair salons, has filed suit against its competitor, Regis Corporation, accusing Regis of service mark infringement. The lawsuit, which was filed in the Western District of Washington, claims that Regis induced Fantastic Sams’...
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...
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...
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...
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
The Ninth Circuit's recent interpretation of the Lanham
Act's damages provisions surely surprised many trademark practitioners. It held that, when a plaintiff chooses to
receive statutory damages in a counterfeiting case instead of opting for...