Perspectives on Trademark

In a precedential ruling, the Trademark Trial and Appeal Board of the US Patent & Trademark Office (USPTO) sustained an opposition by McDonald’s to the mark MCSWEET for pickled gourmet vegetables on the grounds that it infringed on and diluted McDonald’s famous family of “MC” for formative marks.

Arent Fox Intellectual Property partner Alec P. Rosenberg was quoted by Law360 in an article previewing the most closely watched copyright and trademark cases in 2015.

Video game developer Activision Blizzard, Inc. recently won a key victory in the ongoing battle over the right of publicity when a California state court judge dismissed former Panamanian dictator Manuel Noriega’s well-publicized lawsuit.

Arent Fox LLP partner Anthony V. Lupo was selected by Law360 as a Most Valuable Player in the retail and e-commerce industries for his “savvy business insights.”

The Bankruptcy Code definition of “intellectual property” does not explicitly include “trademarks.”

For the first time since 2009, the Trademark Trial and Appeal Board (TTAB) of the US Patent & Trademark Office (USPTO) has sustained an opposition on the grounds that the applicant committed fraud on the USPTO.

Sixteen Arent Fox LLP practice areas have been recognized in the 2015 “Best Law Firms” rankings.

A recent case filed in US District Court for the Southern District of Florida charges A&E Television Networks, LLC, with willful trademark infringement and unfair competition stemming from merchandise for the hit reality show Duck Dynasty.

The US Supreme Court recently agreed to consider a seemingly technical trademark question that could have a potentially big impact for brand owners. Specifically, the Supreme Court will consider whether a judge or the jury should decide if two trademarks are “legal equivalents”.

In an IP-related story that seems ripped from the headlines of The Onion, a British photographer has claimed exclusive ownership of a Nat Geo-worthy image of a smiling crested black macaque that was shot with his camera during his 2011 trip to Indonesia. The twist? The monkey took the photo.

The French luxury goods conglomerate LVMH Moët Hennessy Louis Vuitton S.A. (LVMH) recently settled its long-running court battle with eBay, Inc. over the online auction website’s alleged distribution of counterfeit luxury goods.

Arent Fox LLP filed suit on behalf of Italian clothing company Diesel S.p.A. against 83 websites that are cybersquatting.

Currently, the federal circuits are split over the level of deference that should be afforded to findings made by the USPTO’s Trademark Trial & Appeal Board (TTAB) on likelihood of confusion, with the circuit courts applying at least five different standards.

TTAB cancelled six Washington Redskins registrations after finding they violated Section 2(a) of the Federal Lanham Act.

Keds filed suit against Vans in 2014 for trademark infringement, unfair competition, trademark dilution, and breach of contract.

Arent Fox Intellectual Property partner Pamela M. Deese is quoted by Bloomberg News in an article that illustrates the prospect of earning royalties from popular trademarked sports phrases.

The Supreme Court held that “factual allegations must be enough to raise a right to relief above the speculative level,” and “labels and conclusions or a formulaic recitation of the elements of a cause of action will not do.”

A federal judge in the Eastern District of Virginia recently ruled that Reynolds had not abandoned its federal trademark registrations for its distinctive packaging designs, despite making several alterations to its packaging since obtaining the registrations in 1977.

According to a recent ruling in the US District Court for the Northern District of California, CrossFit may have violated the Digital Millennium Copyright Act (DMCA) by submitting a DMCA takedown request to Facebook based on trademark rights instead of copyrights.

The US District Court for the Eastern District of Virginia recently awarded the United States Patent and Trademark Office (PTO) $36,320.49 in legal expenses, including its attorneys’ fees, in a case brought by an applicant appealing the PTO’s refusal to register a mark on the basis.

Some companies are crying foul on keyword advertisements– arguing that the keyword ads are so close to consumer searches that they violate the companies’ intellectual property rights.

The Beastie Boys don’t play games when it comes to copyright infringement. The legendary hip hop band is waging an aggressive legal battle against a company called GoldieBlox that makes engineering toys for girls over what the band claims is copyright and trademark infringement related to its 1987 h

Intellectual Property partner Pamela Deese was quoted by Bloomberg News after an Alabama Crimson Tide football fan applied to trademark the phrase “Famous Jameis,” a nickname attached to Florida State quarterback Jameis Winston, considered by many the favorite to win this year’s Heisman Trophy.

Plaintiffs Cartier International, Montblanc-Simplo GmbH, Alfred Dunhill Ltd., Chloe SAS, Officine Panerai AG and Lange Uhren GmbH scored a win against e-commerce counterfeiting.