Searching Content indexed under Trademark by Proskauer Rose LLP ordered by Published Date Descending.
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SCOTUS To Decide Whether The Lanham Act Requires Proof Of Willfulness For Disgorgement Of Profits
In Romag, the plaintiff, a manufacturer of magnetic snap fasteners, sued Fossil and various retailers for, among other things, infringement of an unregistered trademark in violation of section 1125(a) of the Lanham Act based on their sale of merchandise that featured snaps bearing the Romag mark.
United States
11 Jul 2019
On The Mark: Understanding The Supreme Court's Latest Decision Regarding The Treatment Of Trademark Licenses In Chapter 11
In Mission, the debtor-licensor rejected a trademark license agreement and sought to terminate the licensee's right to use the debtor's trademark. This decision has important ramifications to parties to trademark licenses.
United States
24 Jun 2019
Defendants In Vineyard Vines Trademark Dispute Hit With Liquidated Damages And Attorneys' Fees
The Court also did not enforce the $500,000 liquidated damages clause based on defendants' non-payment of settlement funds.
United States
4 Jan 2019
Three Point Shot - December 2018
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer.
United States
28 Dec 2018
New York Court Awards $120 Million For Undervalued Family Trademarks
The Palm, known mostly for its famous steaks and caricature-filled walls, is quickly becoming notable for another reason. Recently, in an opinion following a bench trial,
United States
30 Nov 2018
Three Point Shot – August 2018
It's the college baseball championship game, ninth inning, two outs, 0-2 count, the team is down by one run, and the main character is at bat in a pinch-hitting role.
United States
10 Aug 2018
Court Makes Motion To Dismiss In Trademark Dispute Magically Disappear
A basic tenet of litigation is that the court must have personal jurisdiction over the parties to the case.
United States
12 Apr 2018
Justice (And Lunch) Is Served: Second Circuit Holds That Food Truck Branded With Ethnic Slurs Is Entitled To First Amendment Protection
In a recently issued decision, the Second Circuit held that a food truck could not be excluded from a New York State lunch program solely because the truck and the food it sells was branded using ethnic slurs.
United States
19 Jan 2018
Three Point Shot (December 2017)
All boxing fan Victor Mallh wanted for the holidays this year was a chance to stand toe-to-toe with pay-per-view network giant Showtime Networks Inc. in a courtroom and slug it out over how much he...
United States
20 Dec 2017
Court Says "Lights Out" On UL Certification Lanham Act Claim
Last week, a federal judge in Manhattan examined the intersection of false advertising and trademark infringement law in connection with the alleged misuse of a certification mark...
United States
7 Nov 2017
Three Point Shot - Summer Edition 2017
Floyd Mayweather and Connor McGregor's late-August 2017 matchup may be the most highly anticipated boxing event in decades. But while "The Money Team" and UFC's lightweight champion have been preparing to defend their trash talk in the ring, two judicial combatants were defending their clients in a federal courtroom in the Eastern District of New York.
United States
11 Aug 2017
Google Escapes Genericide Claim In Ninth Circuit Decision
On May 16, 2017, the Ninth Circuit rejected a petition for cancellation of the GOOGLE trademark based on a "genericide" theory that claimed Google should lose its trademark protection because ...
United States
7 Jul 2017
Pre-Sale Use Of Data Storage Trademark Not Enough To Secure Priority Rights
A Massachusetts federal court recently found multiple early uses of a sought-after trademark insufficient to confer priority of rights.
United States
12 May 2017
Foreign Importer Hanging by a Thread, but International Trade Commission Cuts It Off
The International Trade Commission recently issued a general exclusion order barring the importation of bed sheets with falsely advertised thread counts as a remedy for Section 337 violations.
United States
2 May 2017
AMP Medical With $450.00 In Connecticut Sales Subject To Personal Jurisdiction In Trademark Lawsuit
Trademark infringement is a tort, and it is deemed to take place wherever a deceived customer might buy the defendant's product.
United States
9 Mar 2017
Court Throws Out Back Massager Trade Dress Infringement Claims On Motion To Dismiss
First, Judge Bolden confirmed that the claimed trade dress goes beyond packaging to encompass the design of the massager, including the "overall elongated S-shaped cane configuration"...
United States
4 Jan 2017
Three Point Shot - December 2016
The Supreme People's Court is the final word on the trademark issues, yet the series is not over, as Jordan may gain further relief from a separate lawsuit against Qiaodan Sports...
United States
22 Dec 2016
Close Shave On Whether Cease And Desist Letter Creates DJ Jurisdiction
Rather than wait around for the hammer to fall, companies under threat of an intellectual property lawsuit sometimes choose to file a declaratory judgment complaint. Such "DJ" complaints usually ask the court to clear the air and decide the issue in the filer's favor.
United States
21 Dec 2016
Second Circuit Affirms Preliminary Injunction Of "Identical" Gray Goods
Earlier this month in Abbott Laboratories v. Adelphia Supply USA et al, the Second Circuit affirmed a district court's grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips.
United States
29 Nov 2016
AIPF 2016 Annual Meeting In Boston
AIPF is an international association of independent specialty law firms that specialize in patent, trademark, and copyright law.
United States
5 Sep 2016
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