Bogus trademark infringement threats violated the First Amendment

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 [...]

By |2025-03-12T12:57:34-05:00March 12th, 2025|Infringement, Trademarks|Comments Off on Bogus trademark infringement threats violated the First Amendment

Supreme Court decision on trademark damages protects corporate affiliates from infringement claims

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 [...]

By |2025-02-26T10:59:19-06:00February 26th, 2025|Infringement, Litigation, Trademarks|Comments Off on Supreme Court decision on trademark damages protects corporate affiliates from infringement claims

MetaBirkins defendant was denied of opportunity to exhibit NFT artwork in Swedish museum

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 [...]

By |2024-04-02T16:13:48-05:00March 20th, 2024|Blockchain, Trademarks|Comments Off on MetaBirkins defendant was denied of opportunity to exhibit NFT artwork in Swedish museum

Who owns the trademark rights in the name of a user-created community?

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. [...]

By |2024-02-09T14:58:37-06:00January 16th, 2024|Trademarks|Comments Off on Who owns the trademark rights in the name of a user-created community?

Online platforms will have to answer for online sales of alleged counterfeit products

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 [...]

By |2023-12-28T09:25:05-06:00December 28th, 2023|Copyright, Couterfeiting, Trademarks|Comments Off on Online platforms will have to answer for online sales of alleged counterfeit products

When X makes it an ex-brand: Can a company retain rights in an old trademark after rebranding?

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 [...]

By |2023-07-24T10:51:45-05:00July 24th, 2023|Branding, Trademarks|Comments Off on When X makes it an ex-brand: Can a company retain rights in an old trademark after rebranding?

NFL team’s current legal snag underscores the importance of trademark clearance

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 [...]

By |2023-05-25T12:41:13-05:00May 25th, 2023|Branding, Infringement, Trademarks|Comments Off on NFL team’s current legal snag underscores the importance of trademark clearance

The power of publicity and trademark use provisions in legal agreements

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 [...]

By |2023-05-18T13:32:41-05:00March 18th, 2023|Branding, Trademarks|Comments Off on The power of publicity and trademark use provisions in legal agreements
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