Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged trademark · clear
On October 19, 2018 plaintiffs CAR-FRESHNER Corporation (“CFC”) and Julius Sämann Ltd (“JSL”) filed suit against Balenciaga America, Inc. for alleged trademark infringement, false designation of origin, trademark dilution, and…
Federal Circuit Summary Before O’Malley , Reyna, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary : Courts should not give too much weight to evidence purporting to show a lack of actual confusion in an ex parte proceeding. The…
Moldex-Metric, Inc. filed a trademark infringement lawsuit against McKeon Products. Moldex-Metric asserted that McKeon infringed its unregistered trade dress consisting of a bright green color for foam ear plugs by using a similar green color for ear…
Jasmin Larian, the owner of Cult Gaia, started selling the “Ark” bag in 2013. Since then the Ark bag has been seen on celebrities including Jessica Alba and was even touted as 2017’s “IT” bag . Naturally, in the fashion…
Successful brands from the United States, and particularly those branded by U.S. celebrities, are often received with similar enthusiasm in other parts of the world. Recently, YEEZY shoes designed by Kanye West made their much anticipated debut to…
In December, the Second Circuit ruled that My Other Bag (MOB) was not liable for infringing Louis Vuitton’s trademarks and copyrights because MOB’s bags were a parody of the luxury giant. See the details of the case in our previous post here .…
The World Intellectual Property Organization recently released its 2017 IP report entitled “ Intangible Capital in Global Value Chains .” The report tackles several questions about the types, roles, and importance of intangible assets in global…
Federal Circuit Summary Before Dyk, Moore, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: The bar in § 2(a) of the Lanham Act against registering immoral or scandalous trademarks is an unconstitutional restriction of free speech…
Music festivals, film festivals, food festivals….festivals are popular venues for entertainment and each festival strives to offer the consumer a unique experience. Of course, at most festivals, clothes must be (or should be) worn, and…
Previous posts (e.g., here and here) have discussed trademarks that are “merely descriptive” of the goods or services. Although the registration process can be an uphill battle, some descriptive marks can be protected. Generic marks, which…
In an interesting case at the intersection of patent and trademark law, as well as that of functionality and branding, Change Wind Corporation (Change) has lost its bid to register its turbine design as a federal trademark. Change filed U.S. Trademark…
Written by Rebecca L. Wright, Ph.D. and Ian W. Gillies Edited by Loni Morrow and Catherine Holland Newcomer to the luxury cosmetics marketplace, Tatcha LLC (“Tatcha”), recently made a splash by filing a trade dress infringement lawsuit in the…
