By Scott Hervey
The holiday season means something different for each of us. For some it’s a time for eggnog, parties and mistletoe. For others, it’s a time for cease and desist letters, seizure actions and lawsuits. Yes Virginia, there is a Santa Clause, and his lawyers stand ready to sue those who use his marks and other intellectual property without permission.
Continue Reading Christmas – A Time For Fruitcake and Infringement Actions
Trademark infringement occurs when a third party uses a mark in a way that infringes upon a trademark owner’s exclusive right and use of a trademark. Often, the third party will use a similar mark in a way that confuses consumers as to the source of the goods and services. For example, a fast food restaurant named “Wendi’s” would likely cause confusion with “Wendy’s.” Trademark infringement can occur only when it is likely that consumers will be confused as to the source of the goods. The purpose of this article is to examine the test and factors that courts use to determine if such infringement exists.Continue Reading Trademark Infringement: Factors Considered in Consumer Confusion
In Grand Theft Auto trademark infringement case is the 1st Amendment a devense to a claim of trademark infringement involving a virtual strip club?
Continue Reading Grand Theft Auto: Trademark Infringement and the First Amendment
By 
Jeff Pietsch
Earlier this month, the shoe company Skechers defeated a preliminary injunction brought by the shoe company ASICS. The injunction against Skechers sought to prevent Skechers from making and selling their shoes. ASICS brought this action against Skechers for trademark infringement claiming that Skechers hijacked the ASICS brand image and goodwill by using a similar stripe mark that ASICS has used on its shoes over its 40 year history. The two shoes both use a stripe mark, but the ASICS shoe uses two horizontal stripes while the Skecher shoe has only one stripe. The court found that the design of these shoes were dissimilar and would not likely create consumer confusion. Since ASICS was not likely to succeed in its trademark infringement action, the court denied the injunction against Skechers. This case is just a sampling of the many trademark infringement claims that are brought in court each month. The purpose of this article is to examine the test that courts use to determine if trademark infringement exists.Continue Reading Trademark Infringement: Factors Considered in Consumer Confusion
