Category Archives: Trademark Litigation
Trademark Law: You No Longer Need to Prove ‘Willfulness’ to Recover the Infringer’s Profits
The U.S. Supreme Court ruled that the plaintiff in a trademark infringement lawsuit can recover the infringer’s profits without having to prove “willfulness” on the part of the infringer. For decades, the “willfulness” element had been a requirement in order to recover the infringer’s profits under the federal Lanham Act. The historic decision to… Read More »
How to Check if a Trademark is Registered to Avoid an Infringement Claim?
Every business needs its own trademark. A trademark is a recognizable word, phrase, and/or symbol that a company uses to identify itself, its products and services, to set itself apart from the competition. Creating a trademark can be a tedious process, but even more exhausting is making sure that the mark is not already… Read More »
Inter Miami Loses Trademark Decision to Inter Milan—May Be Forced to Change Name in the Future
Inter Miami CF is set to join America’s top professional soccer league, the MLS, for the 2020 season. The team will play at a freshly renovated complex in Fort Lauderdale. However, it is not entirely certain as to what this team will be called—at least in the long run. That is because Inter Milan,… Read More »
Supreme Court Hears Oral Arguments in Trademark Case—Court Must Decide if Negligent Infringement Warrants Forfeit of Profits
On January 14th, 2020, the Supreme Court of the United States heard oral arguments in the case of Romag Fasteners Inc. v. Fossil Inc.—a legal dispute over what types of damages can and should be awarded in a case involving negligent, but not intentional trademark infringement. More specifically, the nation’s highest court must determine… Read More »
The Beatles Will Not ‘Let it Be’—Their Company Filed a Trademark Infringement Lawsuit Against Alleged Counterfeiters in South Florida
On November 18th, 2019, the London-based company that owns much of the Beatles’ intellectual property filed a trademark infringement lawsuit in the United States District Court for the Southern District of Florida (Apple Corps Limited and Subafilms vs. The Individuals, Partnerships and Unincorporated Associations). The plaintiff alleges that the (as of now) anonymous defendants… Read More »
Florida Legislators are Pushing a Bill to Allow College Athletes to Profit on their Likeness
According to reporting from CNBC, Florida lawmakers are preparing a bill that will allow college athletes to profit off of their likeness and accept endorsement contracts. Among other things, the reformed law is expected to let amateur athletes sign endorsement agreements, obtain trademark rights, and use their image to make a profit. Notably, California… Read More »
LeBron James Files Trademark Registration for ‘Taco Tuesday’
According to reporting from The New York Times, a company owned and controlled by Los Angeles Lakers forward LeBron James (LBJ Trademarks LLC) has filed a claim to obtain trademark protection for ‘Taco Tuesday’. Over the last several months, Mr. James has consistently posted on Instagram and other social media sites using the term… Read More »
New Balance Files Trademark Infringement Lawsuit Against Nautica, Alleges Improper Use of the Letter ‘N’
If you have ever owned a pair of New Balance sneakers, you are probably familiar with the fact that these shoes typically have a large and blocky capital letter ‘N’ on the side of them. Earlier this week, New Balance filed a trademark infringement claim against another apparel company seeking to protect that distinguishing… Read More »
A Florida Mother is Locked in a Trademark Battle With the Tech Giant ‘Uber’
According to reporting from the New York Post, Carolina Vengoechea — a mother from Miami, Florida — is currently embroiled in a trademark dispute with the nation’s largest ridesharing company Uber. The case revolves around her beauty salon smartphone application “BeauBer” — which the company believes is infringing on its trademark. For her part,… Read More »
USPTO Announces New Trademark Rule: Foreign Applicants Will Be Required to Have U.S. Attorney Starting in August 2019
On July 2nd, 2019, the United States Patent and Trademark Office (USPTO) announced new regulations that will impact foreign companies and foreign individuals who are involved in trademark cases in the United States. Under the updated rules, foreign-domiciled entities will be required to seek representation from a trademark law attorney who is licensed to… Read More »
