Dr. Seuss Sues in Sue-ville This Holiday Season
You know Green Eggs and Ham, and the Cat in The Hat, Horton, the Lorax, and others like that. But a new book is coming, although now a bit slow, It’s called “Oh, The Places You’ll Boldly Go!” Sure it…
Category: Trademarks
Rubik’s Cube Shape Mark Falls on Functionality in the EU
A trademark registration for the shape of a product (usually in the form of a drawing or 3D illustration) can be useful, particularly where the product is recognised predominantly by its distinctive visual appearance. However, if that shape or appearance is also essential for achieving…
“Meandering Evening Stroll” Helps Defeat Preliminary Injunction Motion Against AMAZON FIRE TV
A recent decision by the United States Court of Appeals for the 11th Circuit highlights the perils of delay in filing a motion for a preliminary injunction in a trademark infringement case. In Wreal, LLC v. Amazon.com, Inc. (11th Cir. Oct. 28, 2016), the appellate court affirmed…
The 9th Circuit Injects Some “Octane” into the Lanham Act Attorneys’ Fee Provision
In the immortal words of the most recent Nobel Laureate in literature, “the times they are a changin.’” Section 35(a) of the Lanham Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” Until just last week, the…
New Questions Raised by Judge Rakoff: Misuse of the ® Symbol and Literal Falsity Examined
Judge Rakoff is back at it in Classic Liquor Importers, Ltd. v. Spirits International, B.V. We previously blogged about the dangers inherent in sending a cease and desist letter without the concurrent appetite for litigation, a post that was prompted by Judge Rakoff’s denial of defendant…
Likelihood of “Initial Interest” Confusion Powers The University of Houston to Preliminary Injunction Win in Law School Name Battle
On June 22, 2016, the South Texas College of Law announced that it was changing its name to Houston College of Law. This seems like a natural choice, as the school is based in Houston and is a stand-alone institution not affiliated with a university. …
Supplemental Registrations – Actually Worth a Hill of (Coffee) Beans
The potential defensive value of a registration on the Supplemental Register is highlighted in a recent opinion of the Trademark Trial and Appeal Board, In re Morinaga Nyugyo Kabushiki Kaisha. While we often think of trademarks on the Supplemental Register as less valuable and “junior” in…
The Slants Set To Rock at the U.S. Supreme Court
Simon Tam and The Slants now have a gig at the biggest judicial venue in the country: The U.S. Supreme Court. On September 29, 2016, the Court decided it will take the case of Lee v. Tam. At issue in the case is whether Mr….
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…
Strike a Pose and Say “Trademark”
After visiting Rio to experience the Olympic Games a few weeks ago, I still feel like a winner. One athlete who won big in Rio was Usain Bolt, who took home three medals in three Track and Field events during the Games this year. Over…
