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Ninth Circuit Articulates Its Version of the Acquiescence Defense to...
Categories: Trademark (General) Tags: Phillip Barengolts, Trademark Infringement, Acquiescence, 9th Circuit by Phillip Barengolts, Trademark Attorney Acquiescence has long been accepted as a defense to...
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The Seventh Circuit Clarifies what Constitutes an “Exceptional Case” under...
Categories: Trademark (General) Tags: Trademark Infringement, Attorney’s Fees, 7th Circuit, Ashly A. Iacullo by Ashly Iacullo, Trademark Attorney The Lanham Act allows prevailing parties to recover an...
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Use of a Trademark in Metatags May No Longer Lead to a Nearly Automatic...
Categories: Internet, Litigation Tags: Metatags, Federal Litigation, Trademark Infringement, Phillip Barengolts by Phillip Barengolts, Trademark Attorney Ever since search engines became the primary...
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Bare Trademark Rights? Naked Cowboy’s Infringement Action Against CBS Dismissed
By Janet Marvel, Trademark Attorney Robert John Burck has made a career as a New York street performer. He is (arguably) famous under his alias, “The Naked Cowboy”, appearing with his guitar in Times...
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Hear This: Court Denies Motion for Summary Judgment in Dispute over Headphone...
by Jeffrey A. Wakolbinger From a dispute involving trademarks used in connection with headphones, we are reminded how inherently difficult it is to defeat a likelihood-of-confusion claim on summary...
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Kanye West Sends Cease and Desist Letter to Stop New COINYE WEST Virtual...
By Paul A. Borovay, Associate Whether you are in the Yeezus camp or the My Beautiful Dark Twisted Fantasy camp, or even if either of those references mean nothing to you, you might still be interested...
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Ninth Circuit Declares GoDaddy Not Contributorily Liable For Cybersquatting
By Paul A. Borovay, Associate In December, the Ninth Circuit held that the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), does not support a cause of action for contributory...
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CrossFit Cybersquatter Gets Dealt Multiple Blows
By Paul A. Borovay, Associate In CrossFit, Inc. v. Results Plus Personal Training Inc, the panel held that an unsubstantiated “consent to transfer” will not avoid an adverse ruling. National...
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Amazon.com Sued for Bait and Switch
By: Brett A. August In an important case for all companies whose products are sold on Amazon.com, the Ninth Circuit Court of Appeals overturned a district ruling yesterday that Amazon could not be sued...
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The Marshall Tucker Band is still “Searchin’ for a Rainbow”[1] – and a...
By Paul A. Borovay On March 1, 2017, a South Carolina federal judge dismissed The Marshall Tucker Band’s complaint against its publishing company alleging trademark infringement and dilution.[2] The...
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Humanity Hates Trump may ________ Cards Against Humanity’s Trademark and...
By Paul A. Borovay Chicago’s own Cards Against Humanity, the vulgar/raunchy/funny/the-opposite-of-politically-correct card game, filed a lawsuit against SCS Direct for its selling card sets called...
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