Intellectual Property

Recent Posts

Forever 21 Threatens Suit against Blogger
Posted on 17 Jun 2011 by Copyright & Trademark Law Community Staff

Rachel Kane, owner of, 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... Read More

Pernod Ricard USA LLC v. Bacardi U.S.A., Inc.: More on the the HAVANA CLUB saga
Posted on 12 Apr 2010 by Anne Gilson LaLonde

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... Read More

11th Circuit Questions the Presumption of Irreparable Harm in Trademark Infringement Cases
Posted on 22 Apr 2008 by Brian Scanlon

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... Read More

States entitled to sovereign immunity on Lanham Act claims for trademark infringement and false designation of origin - Univ. of Wis. v. Phoenix Int'l Software (7th Cir., Dec. 28, 2010)
Posted on 3 Jan 2011 by Copyright & Trademark Law Community Staff

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.... Read More

Mac Clone Maker Sued by Apple – FINALLY!
Posted on 23 Jul 2008 by Cecil Lynn

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,... Read More

Duty to Defend Trademark Suit Not Included within Insurance Proviso Covering Title/Slogan Infringement
Posted on 1 Aug 2012 by Copyright & Trademark Law Community Staff

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... Read More

Sixth Circuit upholds Seventh-day Adventism’s trademark and rejects Free Exercise and Religious Freedom Restoration Act claims: General Conf. Corp. v. McGill (August 10, 2010)
Posted on 12 Aug 2010 by Copyright & Trademark Law Community Staff

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... Read More

Sands Anderson: Beyond the Hammer: Thoughtful Approaches to Trademark Infringement
Posted on 19 Mar 2012 by Sands Anderson PC

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 "... Read More

Fantastic Sams files suit against its competitor Regis Corporation
Posted on 8 May 2008 by brian.scanlon placeholder

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’... Read More

INTA Issues Statement Regarding Its Amicus Brief in Louboutin S.A. v. Yves Saint Laurent Red Sole Mark Case
Posted on 17 Nov 2011 by Copyright & Trademark Law Community Staff

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... Read More

Supreme Court Affirms: Trademark Case Mooted By Covenant Not To Sue
Posted on 9 Jan 2013 by LexisNexis® Mealey's™ Legal News

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... Read More

No Trademark for WAGGIN' STRIPS
Posted on 19 Jul 2012 by Lee Berlik

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... Read More

Fourth Circuit Holds Trademark Infringement Defendant Threw in the [Paper] Towel with Respect to Preclusion Defenses
Posted on 29 Mar 2013 by Troutman Sanders

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... Read More

Electing Statutory Damages in a Counterfeiting Case May Bar an Award of Attorneys Fees in the Ninth Circuit
Posted on 15 Apr 2008 by Anne Gilson LaLonde

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... Read More