Author: Kaleb McNeely

As a partner in the Trial Group, Kaleb practices primarily in the area of commercial litigation, representing clients in a variety of contractual and tort-related disputes.

LVL XIII and Louis Vuitton Go Toe-To-Toe Over Toe Plates

In a previous post, we discussed Louis Vuitton’s unsuccessful lawsuit against My Other Bag, Inc., in which the “parody defense” was a key issue. Louis Vuitton is making trademark law news again – this time as a defendant/counterclaim plaintiff in a trademark infringement suit in…

UNWANTED BAGGAGE: ASSET ACQUISITION AND SUCCESSOR LIABILITY

If you buy the assets of a company, have you also acquired the liabilities for infringement associated with those assets?  That is the issue addressed in a recent decision by the federal district court for the Southern District of New York in Energy Intelligence Group,…

Louis Vuitton and My Other Bag – Do You Get The Joke?

In a recent post, we discussed the trademark parody defense in the context of a California district court decision holding that the owner of the Superman “S” logo had adequately stated infringement claims asserted against a “DAD” t-shirt with a shield design allegedly parodying the…

Superman, Superdad, and the Limits of a Trademark Parody Defense

Superman has triumphed yet again, this time with help from the federal court in the Central District of California. It wasn’t actually Superman that scored this particular victory, but DC Comics, owner of the trademark rights in Superman’s iconic shield design. On December 15, 2015,…