Trademark Law Updates

Featured Expert Legal Commentary

Brown v. Electronic Arts, Inc.: Lanham Act Protects Video Games, not Athletes

By Tom Zuber and Jeff Zuber of Zuber Lawler & Del Duca

The Ninth Circuit recently made it more difficult for public figures and athletes to profit from their likeness appearing in video games. In Brown v. Electronic Arts, Inc., No. 09-56675 (9th Cir. Jul. 31, 2013), the Court held that Electronic Arts’ unpaid use of NFL great Jim Brown’s likeness in… More...

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Already, LLC v. Nike, Inc.: Supreme Court Affirms that Covenant Not to Sue Can Moot Trademark Case

Already, LLC v. Nike, Inc.  |  April 2, 2013

The Supreme Court recently upheld that a covenant not to sue can moot a trademark case. In Already, LLC v. Nike, Inc., 11-982 (U.S. Jan. 9, 2013), the Court held that a trademark holder’s covenant not to sue extinguished the case or controversy, rendering moot the defendant’s counterclaim of More...

Louboutin v. Yves Saint Laurent: Second Circuit Upholds Trademark Protection for Red-Soled Shoes

Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc.  |  December 18, 2012

The Second Circuit recently held that single-color marks could receive trademark protection. In Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc., the Court found that Christian Louboutin’s signature red shoe sole was a “distinctive symbol” that had come to represent the More...

Louis Vuitton Malletier S.A., v. Ly USA: Second Circuit Splits, Allows Attorney’s Fees Under § 1117(c) Trademark Infringement

Louis Vuitton Malletier S.A., v. Ly USA, Inc.  |  September 5, 2012

In a split with the Ninth Circuit, the Second Circuit has held that plaintiffs electing an award of statutory damages for trademark infringement could also receive attorney’s fees in exceptional cases. In Louis Vuitton Malletier S.A., v. Ly USA, Inc., 676 F.3d 83 (2d. Cir. 2012), the Court gave More...

Chloé v. Queen Bee: Exercising Personal Jurisdiction for Infringement in Internet Transactions

Chloé v. Queen Bee of Beverly Hills, LLC  |  November 2, 2010

The Second Circuit recently “updated its jurisprudence” on personal jurisdiction “in the age of internet commerce,” using a long-arm statute to exercise personal jurisdiction over a foreign defendant accused of selling counterfeit goods over the Internet. In Chloé v. Queen Bee of Beverly More...

Crash Dummy Movie v. Mattel: Overcoming the Presumption of Abandonment

Crash Dummy Movie, LLC v. Mattel, Inc..  |  June 8, 2010

The Federal Circuit Court affirmed a TTAB decision finding that Mattel successfully rebutted the presumption that it had abandoned a mark it had acquired from Tyco but had not used for at least three years. In Crash Dummy Movie, LLC v. Mattel, Inc., 601 F.3d 1387 (Fed. Cir. 2010), Mattel opposed an More...

Tiffany v. eBay: General Awareness of Mass Infringement Not Enough to Establish Contributory infringement

Tiffany (NJ) Inc. v. eBay, Inc.  |  May 10, 2010

The Second Circuit U.S. Court of Appeals has affirmed that brand owners are ultimately responsible for policing and fighting counterfeits, even when a high volume of infringement occurs in one outlet. In Tiffany (NJ) Inc. v. eBay, Inc., 600 F.3d 93 (2nd Cir. 2010), the Second Circuit held that a More...

Starbucks v. Wolfe’s Borough Coffee: “Substantial Similarity” Not Required to Prove Dilution by Blurring

Starbucks Corp. v. Wolfe’s Borough Coffee, Inc.  |  January 29, 2010

The Second Circuit U.S. Court of Appeals held that the Trademark Dilution Revision Act of 2005 (“TDRA”) does not require proof of “substantial similarity” between the marks in question for a trademark owner to establish dilution by blurring. In Starbucks Corp. v. Wolfe’s Borough Coffee, More...

Wham-O v. Manley Toys: No Fed. Jurisdiction to Declare a Mark Nongeneric

Wham-O, Inc. v. Manley Toys, Ltd.  |  December 31, 2009

A California district court dismissed a declaratory judgment action brought by a trademark owner, seeking to skip a TTAB proceeding and get the Court to declare that its trademarks had not become generic and thus subject to cancellation.The Court held that in the absence of an actual infringement More...

In re Bose: Fed. Cir. Rejects Medinol and Requires Intent to Establish Trademark Fraud

in In re Bose  |  October 30, 2009

The Federal Circuit held that trademark fraud can only be found when the applicant or registrant knowingly makes a false, material representation with the intent to deceive the PTO. The opinion in In re Bose, ___ F.3d ___, No. 2008-1448, 2009 WL 2709312 (Fed. Cir. Aug. 31, 2009), specifically More...

U.S. v. Diallo: Defining “Use” in the Context of Counterfeiting

United States of America v. Mamadou Diallo  |  October 28, 2009

The U.S. Court of Appeals for the Third Circuit determined that “use,” in the context of federal trademark laws, does not require active employment of a counterfeit mark by displaying or offering an item bearing the mark for sale. In United States of America v. Mamadou Diallo, 575 F.3d 252 (3rd More...

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Companies Mentioned

Trademark Law

The following companies are mentioned in Trademark Law Updates:

Louis Vuitton Malletier S.A.

Tiffany (NJ) Inc.

Tiffany & Co.

eBay, Inc.

Trademark Trial and Appeal Board

Ace-Web Internet

International Trademark Association

Rescuecom Corp.

Haute Diggity Dog, LLC

Google, Inc.

Ly U.S.A., Inc.

Bose Corp.

Coco U.S.A. Inc.

Wham-O, Inc.

Manley Toys, Ltd.

Marco Leather Goods, Ltd.

AW Computer Holdings LLC

JA Apparel Corp.

Wolfe’s Borough Coffee, Inc. d.b.a. Black Bear Micro Roastery

Houndstooth Corp.

Starbucks U.S. Brands, LLC

Harringbone Creative Services, Inc.

Starbucks Corp.

Mars, Inc.

The Crash Dummy Movie, LLC

Chute Gerdeman, Inc.

Mattel, Inc.

Take-Two Interactive Software, Inc.

Rockstar Games, Inc. d.b.a. Play Pen

ESS Entertainment 2000, Inc.e.s.a. Rockstar Games, Inc.

Volkswagen of America, Inc.

Shokan Coachworks, Inc.

Audi AG

University of Southern California

University of Oklahoma

Smack Apparel Company

Ohio State University

Louisiana State University

Collegiate Licensing Company

NTU Electronics, Inc.

U.S. Patent and Trademark Office

Midway Services, Inc.

MDCO, Inc.

Spirits International B.V.

Custom Manufacturing and Engineering, Inc.

Milon-DiGiorgio Enterprises, Inc.

Automated Engineering Corp.

ISPWest

Woofies, LLC d.b.a. Woofie’s Pet Boutique

Internet Specialties West, Inc.

Additional Resources

Trademark Law