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Trademark Infringement

Trademark Infringement

David Versus Goliath in Whiskey Bottle Showdown

One of the iconic, uniquely American products out there is Tennessee Whiskey.  With rugged, outlaw roots stemming from the days of moonshining and prohibition but now accepted the world over as a highly sought after beverage, even the term Tennessee Whiskey tends to evoke a certain image, perhaps even a certain nostalgia. Certainly these mental […]

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“Nominative” Fair Use

The United States Court of Appeals for the First Circuit recently decided the very interesting case of Swarovski Aktiengesellschaft v. Building No. 19.  This case highlighted the fact that trademark law is constantly evolving – the major issue was so-called “nominative” use of a trademark, i.e., use of a trademark to refer to the trademark holder’s own […]

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Trade Dress – Does it Have to Have Secondary Meaning?

In a previous post we’ve touched on the idea of trade dress – the packaging of a product, and its “look and feel.”  The configuration of the product itself, such as the shape of a bottle, may also be considered trade dress.  Trade dress is protectable under the Lanham Act as something of value that may indicate […]

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Titles of Artistic Works – Implications of Dastar

The United States Court of Appeals for the 7th Circuit recently decided the case of Eastland Music Group v. Lionsgate Entertainment.  This action for trademark infringement, and the court’s subsequent analysis helped settle an issue long weighed by courts and commentators – to what extent may the title of an artistic work infringe the trademark of […]

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Attorney’s Fees Under the Lanham Act

Today we look at Aviva USA Corporation v. Vazirani, a case recently heard by the United States District Court for the District of Arizona.  Interestingly, Arizona is located in the famous (or infamous) 9th Circuit of the United States, the largest circuit including areas as diverse as Alaska, Oregon, California, and of course, Arizona.  This case explores […]

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Preliminary Injunctions for Trademark Infringement

When you accuse someone of infringing your valuable trademark, what actually happens?  In American Rena International Corp v. Sis-Joyce International the United States Court of Appeals for the Ninth Circuit issued a ruling that very clearly articulated the standards for what is known as a preliminary injunction. Preliminary Injunctions, Generally Imagine a dispute between two parties.  Party […]

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Trademark Trial and Appeal Board & Infringement Lawsuits

In B&B Hardware v. Hargis Industries the United States Court of Appeals for the Eighth Circuit ruled on a contentious case of trademark infringement litigation that had been going on for over fifteen years.  One of the central issues was the very, very interesting role of decisions made by the Trademark Trial and Appeals Board (TTAB) which is […]

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Genericide: How Success May Cancel A Trademark

What do the terms “Thermos,” “Aspirin,” and “Yo-Yo” have in common?  They are all very successful products that have actually lost their trademark protection under the Lanham Act due to a doctrine known as Genericide.  In general, when accused of trademark infringement, one of the common defenses is “genericness.”  This defense says that the term is so […]

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Voluntary Cessation and Loss of Standing

Competitors should not be able to use trademark lawsuits as offensive weapons.  This was the clear message issued by Justice Roberts for a unanimous Supreme Court in the case of Already LLC v. Nike Inc. In the case, also covered by Reuters, Nike sued Already (DBA Yum) for trademark infringement of its iconic Nike Air Force One sneakers.  […]

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When Imitation Exceeds Flattery

Imitation is the sincerest form of flattery.  Good artists borrow; great artists steal.  Nowhere are these old adages more apt than the hidden focus groups and team meetings of the fashion industry.  What’s trendy this season is often only good for the clearance rack in six months time – leading to enormous pressure to constantly […]

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Contact Orange County Trademark & Copyright & Business Attorney | IP Litigation Lawyer

Anthony Cartee, Esq.

714-942-2225

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Orange, CA 92868
714-942-2225