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Licensees in the Ordinary Course of Business: What's Exclusive and What's Not
'North Star' underscores the important distinction between nonexclusive and exclusive license agreements when foreclosing on a licensed asset. A licensee seeking to acquire use rights in trademarks encumbered by a perfected security interest should weigh the benefits under Section 9-321 of a nonexclusive license against possible commercial advantages of an exclusive license.
Creative Expression vs. the Lanham Act: Six Months of Cases After Jack Daniel's
Last Term, the U.S. Supreme Court decided Jack Daniel's v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts' reactions and applications to that decision.
The 'Wavy Baby' Case and Consideration of Expressive Works in the Second Circuit
The Second Circuit recently determined that no special First Amendment protections applied to a defendant's use of the Vans Old Skool shoe trademark in selling its own shoes purportedly intended as a critique of sneaker culture. It affirmed the district court's entry of a preliminary injunction against the defendant, finding the plaintiff was likely to succeed on its trademark infringement claim under the Lanham Act. In doing so, it issued its first opinion applying the Supreme Court's June 2023 decision in 'Jack Daniel's Properties v. VIP Products'.
Bipartisan Non-Profit Files Trademark Infringement, Cybersquatting Suit Over Copycat Website
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be first to know about new suits in your region, practice area or client sector.
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Texas Litigators’ Guide to Departing Employee Cases 2018
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Trademark Board Decision Clarifies Abandonment Principles
A recent decision of the Trademark Trial and Appeal Board contains several important principles to evaluate abandonment claims.
Judge Albright Didn't Want to Give Up This Case—But the 5th Circuit Disagreed
"Not a single factor weighs in favor of refusing transfer," Judge Jerry Smith said. "The Western District of Texas contains no relevant evidence, is thousands of miles away from the vast majority of relevant witnesses, and is wholly unconnected to the underlying dispute."
SCOTUS Seems Likely to Rule Against Trademark in 'Trump Too Small' Case
Twice in the past six years, the justices have struck down provisions of federal law denying trademarks seen as scandalous or immoral in one case and disparaging in another.
Sweet Defeat: 3rd Circuit Says Candymaker Can't Trademark Watermelon's Shape and Colors
"Because the tricolored shape is recognizable as watermelon-flavored, the whole appearance is useful," Third Circuit Judge Stephanos Bibas wrote. "So a candymaker cannot block competitors from using the combined shape and colors by trademarking that combination. We will thus affirm the district court's grant of summary judgment."
Disputes Over Culturally Inspired Fashions On and Off the Runway
In this article, Natasha Reed discusses that while casting for runway shows seems to be moving toward cultural diversity, the fashion industry itself may have a cultural appropriation crisis. In this article, she lays out six fashion industry cultural appropriation disputes that made headlines, with some even making their way from the catwalk to court.TRENDING STORIES
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