In 2011, two women established a public Facebook group where parents and community members could discuss matters related to the Los Lunas, New Mexico school district. This online forum served as a space for open dialogue about local education issues for seven years before drawing administrative attention. In 2018, the district's superintendent discovered the group [...]
A long-running trademark case between two real estate companies over the mark DEWBERRY reached the U.S. Supreme Court, which ruled that the lower court improperly awarded profits from non-party companies. The decision clarified that only a named defendant's profits – not those of its affiliates – can be recovered in a trademark infringement case. The [...]
In February 2023, Sonny Estival, known by his pseudonym “Mason Rothschild,” was found liable by a jury on a number of claims, including intentional trademark infringement, trademark dilution, and cybersquatting against luxury brand Hermès. The court ordered Estival to pay $133,000 in damages to Hermès and issued a comprehensive permanent injunction against him and his [...]
In the realm of online communities, where does the ownership of trademark rights lie – with the platform hosting the community or the individual user who creates and develops it? The intriguing case involving Reddit and the founder of the well-known r/WallStreetBets subreddit presents a scenario that addresses this question concerning online communities and intellectual property rights. [...]
A federal court in New York has denied the motion to dismiss filed by Chinese online platforms Alibaba and AliExpress in a lawsuit brought by a toymaker alleging that these companies’ merchant customers were engaged in contributory trademark and copyright infringement through the online sale of counterfeit products. Background of the Case Plaintiff toymaker accused [...]
This past weekend Elon Musk announced plans to rebrand Twitter as X. This strategic shift from one of the most recognized names and logos in the social media realm is stirring discussion throughout the industry. This notable transformation raises a broader question: Can a company still have rights in its trademarks after rebranding? What might [...]
The rollout of the Washington Commanders' brand recently hit a snag when the United States Patent and Trademark Office (USPTO) denied a number of the team's applications to register the trademarks COMMANDERS and WASHINGTON COMMANDERS. As you can see from this recent NBC Sports piece, there are other trademark owners who can claim rights in [...]
In today's brand-conscious marketplace, legal agreements between businesses often contain clauses allowing for publicity of the agreement itself and use of each other's trademarks. This practice of mutual brand promotion can lend credibility to the involved parties and also serve as a powerful marketing strategy. Understanding Publicity and Trademark Use Provisions Publicity provisions in a [...]
