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Trademark Litigation

Trademark Litigation

Oprah Wins Round Two of Trademark Infringement Case

Oprah Winfrey claimed a second victory against motivational speaker Simone Kelly-Brown in a trademark battle over the phrase “Own Your Power.” Kelly-Brown and her company, Own Your Power Communications, claimed Winfrey, and other named Defendants infringed on her trademark under both federal and state laws, and included a slew of other related claims. (Read the […]

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TTAB Decides “What Would Jesus Do” Trademark Battle

After a six-year legal battle, Tyler Perry has officially won the trademark rights to “What Would Jesus Do.” Kimberly Kearney, a reality TV star, originally registered the mark in 2007 intending to use it for a reality show of her own. Months later, Perry registered the same phrase, and later moved to have Kearney’s rights […]

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

Anthony Cartee, Esq.

714-942-2225

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Orange County Office:
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333 City Blvd W 17th Floor
Orange, CA 92868
714-942-2225