LexisNexis® Legal Newsroom
Tiger’s Golf Problem? Maybe He’s Worried about the Master’s Trademark

Use of Golf Course Landmarks Challenged in Court Tiger Woods struggled at the PGA Championship. At this time, it looks like he'll miss the cut, which is a rough day in golf terms. But maybe his misfortune is more understandable in IP terms. Maybe he's concerned about one of the most hallowed...

Trade Dress Rights as Instruments of Monopolistic Competition: Towards a Rejuvenation of the Misappropriation Doctrine in Unfair Competition Law and a Property Theory of Trademarks

By Apostolos Chronopoulos* *LLM (Lond.); LLM Eur. (Munich) Excerpt from Trade Dress Rights as Instruments of Monopolistic Competition: Towards a Rejuvenation of the Misappropriation Doctrine in Unfair Competition Law and a Property Theory of Trademarks , 16 Marq. Intell. Prop. L. Rev. 119 (Winter...

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...

Sands Anderson PC: Beyond the Name and Logo: Trade Dress Protection

By Donna Ray Berkelhammer Trademark attorneys are talking about the Maker's Mark decision, where the red dripping sealing wax on a bottle of Makers Mark ® bourbon was found to be a trademark and Jose Cuervo was stopped from using a similar red dripping seal on tequila. Part of the stir is...

Infringing a 4000 Pound Trademark: Bentley Motors Sues Manufacturer of Car Body Kits

On the low range, a new Bentley will cost you nearly $200,000. It's a hefty sum, and for Bentley fans who don't have that kind of money, the alternatives are few. Beyond draining your daughter's college fund or pretending your Ford Focus is actually a Continental GT V8, you might consider...

Rounding the Corner on Trade Dress

By Katherine J. Strandburg + + Professor of Law, New York University School of Law. Excerpt from Rounding the Corner on Trade Dress , 29 Yale J. on Reg. 387 (Summer, 2012) Introduction I am extremely pleased to have this opportunity to contribute a reflection on Judge Richard Cudahy's intellectual...

California Trademark Case Accuses Restoration Hardware of Furniture "Counterfeiting"

Earlier this month, in the Northern District of California, Emeco Industries initiated a trademark case against Restoration Hardware, accusing the luxury home furnishings purveyor of infringing Emeco's trade dress and trademark rights in its Navy Chair ® collection. Emeco describes Restoration...

EDVA Rejects Argument That a Common Law Trade Dress Infringement Claim Is Subsumed by a Trademark Infringement Claim

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’ trade dress rights. See Reynolds Consumer...