In this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss a recent decision by the Trademark Trial and Appeal Board involving winemaker Delicato Vineyards and a hard cider maker from Virginia.Continue Reading The Briefing by the IP Law Blog: Hard Cider Maker Can’t Whine About Trademark Opposition

On this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Josh’s article “Navigating the Hazy Intersection of Federal and State Law on Cannabis and Advising Clients on Protecting Their Trademarks.Continue Reading The Briefing by the IP Law Blog: Navigating the Hazy Intersection of Cannabis Law & Trademarks

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Tiffany & Co’s lawsuit against Costco for selling Tiffany-like rings and using the word Tiffany on nearby signage, claiming trademark infringement and unfair business practices.Continue Reading The Briefing by the IP Law Blog: Trademark Infringement – Tiffany & Co. Versus Costco

Landlords whose tenants sell counterfeit goods can be liable for trademark infringement if they have knowledge of the infringing acts or are willfully blind to the infringement.

In Luxottica Group v. Airport Mini Mall, LLC, 932 F.3d 1303 (11th Cir. August 2019), Oakley, Inc. and its parent Luxottica sued the owners of a shopping mall in Georgia for contributory trademark infringement under the Lanham Act (15 U.S.C. §1114).  Luxottica and Oakley make and sell high-end sunglasses under the Ray-Ban and Oakley trademarks. 
Continue Reading Landlords – Watch out for Trademark-Infringing Tenants!

The USPTO recently refused legendary quarterback Tom Brady’s application to register the mark TOM TERRIFIC. If you’re like me, you’re wondering why Tom Brady would want to register such a trademark. Well, according to Brady, he wanted to obtain the rights to the mark to prevent people from referring to him by that nickname. But that response isn’t satisfactory for those of us who know about trademark law for a couple of reasons.
Continue Reading The USPTO Denies Tom Brady’s Application to Register TOM TERRIFIC