Smiley Face Showdown: Nirvana v. Marc Jacobs in the Battle for Iconic Logo Right

After a drawn-out legal battle spanning several years, the famed rock band Nirvana, the fashion giant Marc Jacobs International LLC, and a former record company employee have finally reached a settlement regarding the contentious “smiley face” logo. Nirvana LLC v. Marc Jacobs International LLC et al. (case number 2:18-cv-10743). This agreement was reported in a [...]

By |2024-07-14T18:24:39-07:00July 12th, 2024|Trademark, Likelihood of Confusion|0 Comments

Colorful Conflicts and Bold Boundaries: A Sampling of Trademark Law in 2024

Colorful Conflicts and Bold Boundaries: A Sampling of Trademark Law in 2024 The first half of the year has seen notable developments in trademark law. Key cases have addressed the limits of parody in trademark use, the challenges of proving distinctiveness for product designs, and the ongoing debate over free speech in trademark registration. These [...]

Let’s go Back in Time for the Delorean Trademark and Crime-Fraud Exception’s Relationship with Inequitable Conduct Allegations

Let's go Back in Time The Delorean broke into the collective consciousness of America in 1985 with the motion picture Back to the Future. The story of the original Delorean Motor Company is literally the stuff of insane documentaries. From high-flying ex-GM car designer to cocaine trafficking to fund continued operations of John Delorean's assembly [...]

Lawsuits are spiking on the issue of whether non-fungible tokens (“NFTs”) qualify as “real” goods for the purpose of trademark protection

Non-fungible tokens ("NFTs") - what are they, anyhow? Technically, they are a digital asset.  Again, what does that mean? On Monday, May 16, 2022, SoCal IP Law Group LLP partner Marina L. Lang will lead a discussion on defining the nature of these novel digital assets and discuss the growing litigation over whether these assets [...]

1 hour Ethics MCLE – Practicing Legal Civility in Virtual Communications, especially when the “Connection is Poor”

Join us in watching this webinar: After, we will discuss our various thoughts and perspectives on watching ourselves practice law, before our very eyes and behaving civilly when the "connection is poor." We will discuss this webinar on November 15, 2021 via Teams and in-person for those wishing to attend. All are welcome to [...]

By |2021-11-14T21:09:51-08:00November 14th, 2021|Litigation, Trademark, Likelihood of Confusion|0 Comments

Lanham Act Puffery and Foreign Jurisdictional Issues

Which Pizza has better ingredients and who is allowed to say so? Our two cases are Lanham Act court of appeals cases. The first, Pizza Hut, Inc. v. Papa John’s Int’l., 227 F.3d 489 (5th Cir 2000) (here), from the Fifth Circuit in 2000, relates to Pizza Hut’s claim the Papa John’s advertising using the phrase [...]

By |2021-10-25T11:13:59-07:00October 22nd, 2021|Litigation, Trademark, Likelihood of Confusion|0 Comments

USPTO Crackdown on Trademark Scammers Amazon Crackdown on Counterfeiters

Please join us 9/27/2021 at 1:00pm for a discussion: United States Patent and Trademark Office Crackdown on Scammers. For years, owners of United States Trademark Registrations have been plagued by scam letters requesting payments to renews trademark registrations. Though trademark registrations must be renewed, these letters did not come from the actual USPTO but a [...]

Prosecuting Chinese Counterfeiters: New Enforcement Strategies Learned from Fendi v. Yilang at Shanghai Higher People’s Court

The FENDI Decision is out! After 5 long years, the Shanghai High Court issued its final judgement in the case of Fendi v. Yi Lang. Defendant Yi Lang (no relative of this week's presenter, SoCal IP Partner Marina Lang) can no longer operate his "Fendi" stores in China, stocked with parallel goods.  We will discuss [...]

New Trademark and Copyright Decisions

New Trademark and Copyright Decisions: TTAB Rejects Express Abandonment of Application “Without Prejudice” After Adverse Final Decision Ninth Circuit Decision Takes Surprising Turn in Considering Copyright Damages Against Defendants with Joint and Several Liability In re Information Builders, Inc., Serial No. 87,753,964 (Feb. 25, 2021) (TTAB) [precedential], available here. When can an application be abandoned [...]

By |2023-11-09T13:36:26-08:00March 6th, 2021|Trademark, TTAB, Likelihood of Confusion, Deceptive|0 Comments
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