Almost five years ago, I wrote an article published in the Daily Recorder about a ruling in the Tiffany & Co. v. Costco Wholesale Corporation case filed in the United States District Court for the Southern District of New York. Specifically, I wrote about the Court granting Tiffany’s motion for summary judgment on liability, permitting… Continue Reading
Tag Archives: trademark infringement
You Must Prove Actual Damages if You Want Punitive Damages in an Infringement Action
Posted in IP, Trademark LawImagine litigating an infringement case for two years, and after a nine day jury trial, obtaining a jury’s verdict that says you’ve established infringement and awards your client $5,000,000. Then you realize that the jury has awarded your client $0 in actual damages, and the entire $5,000,000 sum is for punitive damages. The Ninth Circuit… Continue Reading
Trademark Infringers Beware – Willfulness Not Required for Disgorgement
Posted in IP, Trademark LawFor some time there has been a split among the Federal circuits as to whether evidence of willfulness is required in order to award disgorgement of profits for trademark infringement under Section 1125(a) of the Lanham Act. The split stems from how each Federal circuit interprets Section 1117(a) of the Lanham Act which was amended… Continue Reading
NAVIGATING USERNAME JACKING
Posted in IP, IP Law Blog Lawyers In The NewsHave you ever had the experience of attempting to register a social media account in the name of your business only to find that your preferred name is taken? Often, it’s just the case of another business with the same name having registered that account first. Other times, it’s evidence of what’s come to be… Continue Reading
“Honey Badger Don’t Care”: The Rogers test and Trademark Infringement
Posted in IP, IP Law Blog Lawyers In The News, Trademark LawChristopher Gordon is a comedian who created a viral video about the honey badger with the notable catch phrase, “Honey Badger Don’t Care,” among others. He later trademarked that phrase and sued greeting card companies for trademark infringement for using that phrase, or a variation thereof, without his permission. As a result, the Ninth Circuit… Continue Reading
Conor McGregor Returns to Combat in the Intellectual Property Arena
Posted in IP, IP Law Blog Lawyers In The NewsConor McGregor doesn’t back down to anyone. He knocked out the once unbeatable Jose Aldo in 13 seconds. He was the first UFC fighter to simultaneously hold titles in two different weight divisions. He crossed over to boxing to fight the greatest boxer of all time, Floyd “Money” Mayweather. You get the point: Conor McGregor… Continue Reading
Three-Stripes and the Burden of Irreparable Injury
Posted in IP Law Blog Lawyers In The News, Trademark Lawadidas and Skechers are athletic shoe and apparel manufacturers who have a long history of litigation between them arising out of claims that Skechers has repeatedly infringed upon adidas’ trademarks. In Adidas America, Inc. v. Skechers USA, Inc. (decided May 10, 2018), the Ninth Circuit once again had to weigh in on Skechers’ alleged infringement… Continue Reading
LegalZoom Allegedly Engages in the Unauthorized Practice of Trademark Law
Posted in IP Law Blog Lawyers In The News, Trademark LawAccording to a complaint filed in the United States District Court for the Northern District of California by California law firm LegalForce RAPC Worldwide, LegalZoom engages in the unauthorized practice of law when its non-attorneys instruct customers on how to register trademarks. The lawsuit names various other defendants, including the Patent and Trademark Office and… Continue Reading
The Beef Between In-N-Out Burger and Doordash
Posted in Trademark LawEveryone on the West Coast knows In-N-Out Burger. For some of us Californians, the burgers may even be considered a state treasure. Doordash, on the other hand, is much less recognizable. It is an on-demand delivery service that connects its customers with local businesses. According to Doordash, it enables its users to purchase food from… Continue Reading
Protecting Trademarks and the Likelihood of Confusion Factor
Posted in Trademark LawA few years ago, I wrote a column addressing a case in which Pom Wonderful LLC sued Coca Cola Company in connection with the marketing of one of its pomegranate-blueberry juice products. That case dealt with whether one of Pom Wonderful’s claims were barred by the Federal Drug and Cosmetic Act with regard to labeling… Continue Reading
The Duke and Duke Duke It Out In Trademark Rowe
Posted in Trademark LawClearly there is no love lost between John Wayne Enterprises, LLC (“JWE”), the entity owned by John Wayne’s heirs which controls the intellectual property related to John Wayne, and Duke University. Both have have been locked in battle over various trademarks incorporating the word DUKE. The most recent skirmish involves a trademark application filed by… Continue Reading
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