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May 09, 2024 | Law.com

Greer, Burns & Crain Files Trademark Suit Over Barbie Doll Counterfeits

Mattel is also asking to be awarded statutory damages of $2 million for every counterfeit use of the Barbie trademark.
2 minute read
October 18, 2023 | Law.com

The Presumption of Irreparable Harm After the Trademark Modernization Act Of 2020: The Good, the Bad and the Ugly

This article explores developments (both positive and negative) in the post-TMA world in which courts have wrestled with implementation of the presumption of irreparable harm in trademark cases.
13 minute read
August 27, 2023 | New York Law Journal

Lessons from Nike, Inc. v. USAPE LLC

This article discusses the Nike v. USAPE case and examines the potential effects and dangers of a wait-and-see approach in trademark enforcement.
9 minute read
November 22, 2022 | National Law Journal

Jack ... Spaniels? Liquor-Dog Toy Dispute Brings Major Test Before Supreme Court

Debevoise & Plimpton partner David Bernstein says the time is right for the Supreme Court to assess the Second Circuit's Rogers v. Grimaldi test, and decide if it strikes the right balance.
5 minute read
May 18, 2022 | Corporate Counsel

Nike Suit Against StockX Pursues Flawed NFT and Counterfeit Theories

Nike claims the lawsuit is to protect its brand and customers, but its approach is misguided. These marketplaces help promote Nike's brand and are a direct result of Nike's effort to limit availability.
13 minute read
November 08, 2021 | Litigation Daily

Daralyn Durie, Who Just Won Her Third Trial in Five Months, Ponders the Benefits of Being Busy

"Often in the lead-up to trial it's easy to get buried in details that are ultimately not going to matter to the jury," Durie said. "It was helpful to come back at it with a mentality of starting at 30,000 feet and asking 'What is the jury going to make of this?'"
10 minute read
May 24, 2021 | Texas Lawyer

The Competition Problem: How to Quickly Protect Intellectual Property for Consumer Products

Because of the speed of competition with consumer products, intellectual property assets need to be protected earlier in the product life cycle for maximum protection.
7 minute read
May 11, 2021 | New York Law Journal

Second Circuit Decides Two Counterfeiting Cases

In their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady discuss 'Tiffany v. Costco,' where the U.S. Court of Appeals for the Second Circuit provided guidance as to the circumstances that may give rise to liability for counterfeiting, as distinct from mere infringement, and 'Omega v. 375 Canal,' where the court addressed liability for contributory infringement for counterfeiting.
9 minute read
March 31, 2021 | The Legal Intelligencer

New Trademark Law Amendment Helps Franchise Businesses

The TMA makes several changes to federal trademark law, but for franchise businesses, the one big change is with respect to trademark enforcement and the presumption of irreparable harm.
6 minute read
March 26, 2021 | The Legal Intelligencer

Is Genericide Still a Thing? Maybe We Worry Too Much About 'Proper Use of Trademarks'

In the current era of social media and targeted advertising, might these efforts even be necessary anymore?
7 minute read

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