Insights on Trademark

The alleged descendants of Aunt Jemima (a.k.a. Anna Short Harrington) do not have a valid claim to the great syrup fortune of Pepsi and Quaker Oats, according to a recent ruling by the US District Court for the Northern District of Illinois.

In a recent decision, the Federal Circuit clarified the “use in commerce” requirement for trademark applications filed in connection with the provision of a service.

Chambers Global: The World’s Leading Lawyers for Business has recognized Arent Fox’s Bankruptcy & Financial Restructuring, Intellectual Property, International Arbitration & Dispute Resolution, and International Trade practices in its annual worldwide rankings of top law firms.

There was good news for those companies that have products with unique designs at the US Patent and Trademark Office (PTO). The PTO found that the design of a monster truck could be protected and registered as trade dress for the “services” offered by the owner.

Arent Fox LLP secured a summary judgment on behalf of the sportswear manufacturer Fila against a website that was cybersquatting.

In a succinct eight-page opinion, the Supreme Court ruled unanimously last week that trademark “tacking” is a question of fact that should generally be decided by juries.

On January 16, 2015, Sens. Jerry Moran (R-KS) and Mark Warner (D-VA) introduced S. 181 (The Startup Act), which is meant to promote new business formation, especially in the information technology industry.

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.