Insights on Trademark

Ice cream truck franchising company, Mister Softee Inc., recently filed suit against a former franchisee claiming trademark infringement and unfair competition.

Forty-two Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2018.

Arent Fox LLP recently served as outside counsel to the Transbay Joint Powers Authority’s Transbay Transit Center, advising the complex on a 25-year naming rights agreement with San Francisco-headquartered Salesforce.

On June 17, 2017, the Supreme Court struck down the disparagement clause of Section 2(a) of the Lanham Act on the grounds that it violates the First Amendment of the Constitution. Matal v. Tam, 582 U.S. ____ (2017). 

A dispute that began with an unauthorized burger placed on a menu by a licensee recently culminated in the dismissal of the latest lawsuit between feuding factions of Benihana, the Japanese teppanyaki restaurant chain.

An Illinois federal court recently awarded the Canadian retailer Moose Knuckles a $52 million default judgment related to claims of trademark infringement, counterfeiting, and cybersquatting by 26 Chinese defendants.

In a non-precedential ruling, the Trademark Trial and Appeal Board (TTAB or Board) held that the mark 100 PERCENT WINE for wine is likely to be confused with CENTO PER CENTO for wine in light of a likelihood of confusion analysis which included applying the doctrine of foreign equivalents.

New York partner Michelle Marsh was recently quoted in an article by Inside Counsel that explores the trademark infringement lawsuits associated with the Oscars. 

Arent Fox LLP’s Trademark practice has been recognized as one of the best in the country by World Trademark Review.

In the wake of the legalization of cannabis in the state of California following last week’s election, it is important for businesses to take stock of several legal issues as opportunities within this burgeoning market continue to grow.

Twenty Arent Fox LLP practices have been recognized in the 2016 “Best Law Firms” rankings that are published annually by U.S. News & World Report and Best Lawyers.

A series of recent decisions have heightened the standard for obtaining preliminary injunctive relief for trademark infringement. This trend presents unique challenges for brand owners seeking to enjoin unauthorized “holdover” use of a trademark by former franchisees or licensees.

The Cayman Islands published a draft set of laws at the end of August in its push to modernize and update its intellectual property laws.

Intellectual Property partner Pamela M. Deese talked with Raugust Communications about emojis and licensing.

Last month, the US International Trade Commission issued a decision invalidating a trademark for Converse’s iconic Chuck Taylor sneaker.

In the recent case of International Information Systems Security Certification Consortium v. Security University, LLC, the Second Circuit articulated its test for analyzing nominative fair use claims in trademark infringement cases.

On May 4, 2016, Quebec’s government published proposed regulations which would require businesses using signage bearing trademarks in languages other than French to incorporate a “sufficient presence of French” on their signs.

The 2016 edition of Legal 500 US has rated 46 Arent Fox LLP attorneys as national leaders in their field. In addition, 14 of the firm’s practice areas were ranked among the best in the country.

World IP Review recently spoke with Managing Partner Cristina Carvalho for a feature story on the firm’s Intellectual Property practice.

Whether it is proprietary information regarding customers, pricing, sourcing, product design, or manufacturing methods, trade secrets provide a competitive edge in the market by virtue of the fact that it is not generally known.

Why does it matter? This seemingly inconsequential distinction may mean the difference between being able to prominently display your embroidered brand trademark on your jeans and being required to place a large “Made in China” marking next to the embroidered brand trademark.

The producer of popular Netflix television series “House of Cards” has been sued in federal court on claims of trademark infringement for its use of the trademark HOUSE OF CARDS.

Arent Fox is pleased to announce that Managing Partner Cristina A. Carvalho has been named one of the Top 100 Women Lawyers in Latin America by Latinvex.

A case filed by Burberry Ltd. earlier this year against JC Penney Corp Inc. in the Southern District of New York for trademark infringement, and related state and federal unfair competition claims over JC Penney’s use of a checkered pattern on coats appears to have quickly been resolved.