Intellectual Property

Recent Posts

Supreme Court: Food Label Challenges Are Allowable Under Lanham Act
Posted on 12 Jun 2014 by Melissa Ritti

WASHINGTON, D.C. — (Mealey’s) The Ninth Circuit U.S. Court of Appeals erred in holding that a private party cannot allege Lanham Act false advertising in connection with a product label regulated under the Food, Drug and Cosmetic Act (FDCA... Read More

TubcuT Manufacturer Claims Trademark Infringement
Posted on 11 Mar 2010 by Lee Berlik

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... Read More

No Smiley Face for Wal-Mart
Posted on 28 Mar 2008 by brian.scanlon placeholder

Wal-Mart probably didn’t put on a smiley face after the court’s March 20 th ruling in the Northern District of Georgia trademark case of Smith v. Wal-Mart, docket no. 1:06-cv-526 ( complaint courtesy of Public Citizen ). A good synopsis of... Read More

Controversy Requirement Debated Before Supreme Court In Trademark Case
Posted on 8 Nov 2012 by Mealey's Litigation Report

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... 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

Tenth Circuit Rejects Infringement Claim Against Use of Competitor’s Trademark as Search Engine Keyword
Posted on 18 Jul 2013 by Foley & Lardner LLP

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., Inc. , the Court... Read More

Summary of Recent Precedential Trademark Trial and Appeal Board Decisions
Posted on 14 Oct 2015 by Sheppard Mullin

by Paul Bost From June through August 2015, the Trademark Trial & Appeal Board issued eleven precedential decisions. Over the course of the upcoming weeks, we are briefly summarizing each opinion and a “take away” for brand owners and... Read More

Parking for Revenue
Posted on 15 Jul 2008 by Gerald M. Levine

A number of decisions have been filed over the course of the last year in which respondents have argued that since the hyperlinks on the landing pages of their websites are chosen by their service providers they ought not be held responsible for them... Read More

EDVA Rejects Argument That a Common Law Trade Dress Infringement Claim Is Subsumed by a Trademark Infringement Claim
Posted on 29 Jul 2014 by Troutman Sanders

by Julia Bishop Judge Liam O’Grady upheld a unanimous jury verdict in favor of Reynolds Consumer Products, Inc. in the U.S. District Court for Eastern District of Virginia. The jury found that Handi-Foil Corporation willfully infringed on Reynolds’... Read More

Ninth Circuit Provides Important Guidance for Analyzing Internet Keyword Trademark Infringement
Posted on 22 Jun 2011 by Foley & Lardner LLP

By Jeffrey A. Simmons ( ) 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... Read More

Beware the Fog of Giving: When Similar Charities Collide
Posted on 26 Jan 2011 by Travis Burchart

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... Read More

Weak Mark, Lack of Confusion Leads to Summary Judgment for Defendant
Posted on 29 May 2012 by Lee Berlik

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... Read More

Secondhand Goods - FREE DOWNLOAD: Complaint, Cartier, et al. v. Hautelook, INC., 10-cv-05845 (SDNY)
Posted on 11 Aug 2010 by Martha Nimmer

Last 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... Read More

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

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.)
Posted on 21 Jun 2010 by Copyright & Trademark Law Community Staff