Category Archives: trademark infringement
Former Fresh Prince Star Sues the Maker of ‘Fortnite’ for Profiting Off of His Likeness; Claims Rights to the ‘Carlton Dance’
According to reporting from the Miami Herald, actor Alfonso Ribeiro — formerly a star on the hit sitcom ‘Fresh Prince of Bel Air’ — has filed lawsuits against the creators of two popular video games: Fortnite and NBA 2K. In his legal claim, Mr. Ribeiro contends that the companies that made these games are… Read More »
Florida Brewery Files Trademark Infringement Claim Against Saugatuck Brewing Company
According to reporting from the Holland Sentinel, Three Daughters Brewing — a family owned brewery based in St. Petersburg, Florida — has filed a trademark infringement lawsuit against Saugatuck Brewing Company. Headquartered in Michigan, Saugatuck distributes its products at locations across the country, including in Miami, West Palm Beach, and St. Petersburg. On November… Read More »
Costco Appeals Multi-Million Trademark Loss to Tiffany & Co.
Last year, the prominent wholesaler Costco was ordered to pay luxury jewelry maker Tiffany & Co. more than $19 million for trademark infringement. A New York state judge determined that Costco was improperly selling ‘knock off’ Tiffany engagement rings to consumers. The company was ordered to pay: Treble damages on $3.7 million in profits… Read More »
Who Owns the 12th Man? Texas A&M Prevails Over Soap Company in Trademark Dispute
Most football fans have probably heard the term ‘12th man’ mentioned before during a broadcast. With 11 players on the field at any given time for each team, the 12th man is often used to refer to the crowd that can provide the home team with a little extra boost through its enthusiasm and… Read More »
Trademark Case Watch: Florida Pizzeria Prevails Over State of New Jersey
On May 17th, 2018, the New Jersey Law Journal reported on a relatively unusual trademark dispute involving a small Florida pizza chain and the state of New Jersey. The case provides an instructive example of the key issues that must be reviewed in any trademark infringement dispute. In New Jersey Turnpike Authority. Jersey Boardwalk… Read More »
The New England Patriots and Philadelphia Eagles Have Filed Joint Trademark Lawsuit
Prior to taking the field as opponents in Super Bowl LII, the New England Patriots and Philadelphia Eagles have teamed up in the courtroom. According to reporting from Courthouse News Service, the two NFL franchises have joined with the NFL’s League Office in order to file a collective trademark lawsuit against an alleged counterfeiting… Read More »
Eleventh Circuit Court Issues Decision in ‘Commodores’ Trademark Dispute
The Commodores is an American funk/soul band that was originally formed in 1968. Over the decades, this band has had many different members, most notably Lionel Richie. Recently, the band has been locked in a trademark infringement lawsuit with a former member. On January 9th, 2018, the United States Court of Appeals for the… Read More »
The Ban on ‘Immoral’ and ‘Scandalous’ Trademarks Has Been Ruled Unconstitutional
Earlier this year, the Supreme Court of the United States struck down a regulation that banned disparaging trademarks. In a unanimous decision, the nation’s highest court determined that the USPTO’s ‘disparagement clause’ was in direct violation of the First Amendment. Now, following much the same logic, the United States Court of Appeals for the… Read More »
New York Mets Accuse Florida Medical Services Company of Trademark Infringement
According to reporting from the New York Post, the New York Mets have filed a trademark complaint against Comprehensive Health Services, a medical services company based in Cape Canaveral, Florida. Last month, the U.S. Patent and Trademark Office (USPTO) awarded Comprehensive Health Services a trademark for their proprietary software that goes by the name… Read More »
Coachella Brings Trademark Infringement Lawsuit Against Urban Outfitters
Coachella is one of the most prominent musical festivals in the United States. Many of the nation’s top acts perform each year. Tickets for this year’s April event sold out in less than one hour. Last year, the festival brought in more than $84 million. There is no doubt that concerts like this are… Read More »
Former NFL Star Sues Under Armour for Alleged Trademark Infringement
Former NFL linebacker Shawne Merriman and his company Lights Out Holdings, LLC, have filed a trademark infringement claim as well as a breach of contract claim against Under Armour, INC. The lawsuit, which was filed on February 1st, 2017 in the United States District Court for the Southern District of California, comes after the… Read More »
When You Need Another Person’s Trademark: Fair Use in Trademark Law
Modern companies understand the importance of protecting their brand and reputation, and as such are often quick to dispatch a cease and desist letter as soon as they spot even a hint of potential trademark infringement. Consequently, many people are often hesitant to use someone else’s trademark, preferring to avoid the hassle of dealing… Read More »
Seeing Red: What the Fashion World Has Shown Us about Trademarks and Color
One of the most interesting things about trademark law is its flexibility. The law has adapted to provide trademark protection to a wide variety of objects from the mundane, like words or logos, to the unusual, like live animals. One commonly litigated non-traditional trademark is color. While the ability to trademark a combination of… Read More »
Why Small Business Owners Should Care about Trademark Genericide
The law protects trademarks because they function as “source identifiers.” When a person sees a company logo on a product, they know which company is responsible for it. This allows consumers to easily find companies whose products they like, while avoiding those who sell inferior goods. Understanding this purpose of trademark law allows for… Read More »
Contesting an “Incontestable” Mark
One of the benefits of registering a trademark with the federal government is that after a certain period of time a mark becomes “incontestable.” That sounds like a powerful benefit. No one wants to be sued by someone with a mark that the government has labeled as beyond contestation. Yet, the name is actually… Read More »
The Supreme Court Deals with Tacky Trademarks
The U.S. Supreme Court is usually content to leave trademark law more or less untouched, relying on the lower courts to adjust the doctrine since it is something of a niche area of law. Yet, the Court has actually heard two trademarks cases this term. One, B&B Hardware v. Hargis Industries has yet to… Read More »
A Copyright Law Blog Post about How Copyright Law Affects Blog Posts
With the maturation of the internet, more and more people are putting their own copyrighted work out into the world. People write stories, post pictures, and upload videos online, and that can make the legal landscape of online content both varied and complex. Bloggers in particular should be aware of copyright for two reasons…. Read More »
Likelihood of Confusion in Trademark Law
Trademark law is a complicated field with a variety doctrines and nuances, but the core goal of the law is to prevent consumers from being confused about what company is offering a product or service. That means that in order for a plaintiff to prevail on a trademark infringement claim, they need to show… Read More »
