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

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?

Five legal issues around using AI in a branding strategy

The ability of AI to gather, analyze, and interpret large sets of data can lead to invaluable insights and efficiencies. But as businesses increasingly rely on AI to develop and execute branding strategies, they must be aware of the potential legal issues that can arise. Here are five issues to consider: Data Protection and Privacy [...]

By |2023-05-24T08:23:42-05:00April 24th, 2023|Artificial Intelligence, Branding|Comments Off on Five legal issues around using AI in a branding strategy

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
Go to Top