JD Supra Law

JANUARY 10, 2025

In Actavis, the Court held that certain types of so-called reverse paymentspatent litigation settlement payments from brand pharmaceutical manufacturers to generic companies challenging the brands patentmight "sometimes" violate the antitrust laws. Actavis, Inc. Originally published in the ABA Antitrust Law Journal.

Settlement 69

Settlement Journalism Brands Branding 69

JD Supra Law

NOVEMBER 18, 2024

The UK Supreme Court has handed down its judgment in the closely followed and long-running litigation between Sky, the well-known television and broadband company, and SkyKick, a lesser-known cloud computing business.

Television 80

Television Registration Branding Branding 80

IP and Legal Filings

NOVEMBER 12, 2024

Introduction Registration of a trademark is an important step toward building a brand on solid ground. However, the process is quite challenging, and small mistakes can result in everything being disarranged, with regard to causing delays in the application, litigations, or even refusal of the application.

Trademark 97

Trademark Branding Branding Brands 97

The IPKat

OCTOBER 27, 2021

The author argues that copyright holders would do well to heed this wisdom before entering into litigation, as exemplified by a recent decision from the Swedish Patent and Market Court in case PMT 2401-21. Brand] should always be placed on the bottom line on each roof tile.

Cease and Desist 139

Cease and Desist Litigation Copyright Marketing 139

Intellectual Property Law Blog

JUNE 9, 2021

The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. This is especially hazardous for counterfeit medical items, mechanical parts, and food products, to name a few.

Branding 113

Branding Branding Brands Cease and Desist 113

JD Supra Law

MARCH 8, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. By: Sheppard Mullin Richter & Hampton LLP

Litigation 98

Litigation Brands Branding Branding 98

IP and Legal Filings

SEPTEMBER 12, 2024

Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.

Branding 98

Branding Branding Brands Trademark 98

JD Supra Law

APRIL 1, 2025

JACK DANIEL'S HARMED, BUT NOT INFRINGED, BY CHEWY DOG TOY- The latest ruling in Bad Spaniels finds the whiskey brands marks were diluted-but not infringed by a dog toy parody, explain Brian Brokate and Jacqueline Alcantara of Gibney, Anthony & Flaherty.

Branding 64

Branding Branding Brands Litigation 64

Plagiarism Today

AUGUST 11, 2021

” Prado was talking about the “fast fashion” brand Shein. The wildly popular brand is famed for its imitations of popular, luxury items at bargain-basement prices. That, in turn, is why fast fashion can be so similar to other designers’ works, become so popular and yet be so relatively free of litigation.

Plagiarism 264

Plagiarism Designs Design Copying 264

JD Supra Law

MARCH 11, 2025

This one-hour CLE session focuses on defending against false advertising and trademark claims, providing practical strategies for brand owners facing allegations of misleading advertising or trademark infringement.

False Advertising 72

False Advertising Advertising Advertising Trademark 72

JD Supra Law

OCTOBER 20, 2021

The Federal Trade Commission (“FTC”) sued AbbVie and Besins Healthcare, co-owners of a patent that covered brand AndroGel, in 2017. The FTC claimed that the manufacturers had brought “sham” patent infringement litigation in 2011 against Teva and another generic supplier, Perrigo.

Litigation 102

Litigation Settlement Patent Infringement Branding 102

The IPKat

MARCH 19, 2025

Rose Hughes examined the Unified Patent Court's (UPC) evolving approach to added matter and priority issues in patent litigation. Oliver Fairhurst reported on a UK court's decision in a trade mark case, focusing on the implications for brand owners and the interpretation of trade mark law.

Intellectual Property 64

Intellectual Property Branding Branding Brands 64

IP Tech Blog

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

Litigation 98

Litigation Patent Intellectual Property Branding 98

Kashishipr

FEBRUARY 2, 2022

The ultimate success of brands and businesses in the modern world largely depends on the groundbreaking innovation that sets them apart from the rising competition in the market. Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share.

Branding 98

Branding Branding Brands Business 98

IP Close Up

JUNE 14, 2022

The world’s most iconic brands can be a moving target, changing subtly in value from year to year and industry to industry. Measuring their performance Continue reading.

Branding 105

Branding Branding Brands Litigation 105

Erik K Pelton

JANUARY 6, 2022

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses an brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters. Applications will be accepted through January 24, 2022.

Intellectual Property 231

Intellectual Property Intellectual Property Law Trademark Registration 231

JD Supra Law

DECEMBER 17, 2024

On November 19th, after over three (3) years of litigation, a jury in Williamsport, Pennsylvania finally found Vintage Brand, LLC (Vintage) and two other defendants liable for trademark infringement for selling counterfeit merchandise bearing the marks of The Pennsylvania State University (Penn State).

Trademark 64

Trademark Branding Branding Brands 64

SpicyIP

FEBRUARY 21, 2025

This case is crucial to understand not only the novel concept of Confidentiality Clubs in the Indian IP Litigation but also the issues with regard to the composition of such clubs and the accessibility of the members to confidential information vis-a-vis independently appointed Scientific Advisor. It noted that Serial No.

Confidentiality 103

Confidentiality Litigation Intellectual Property IP 103

IP Watchdog

AUGUST 24, 2021

Robert Willison, an Atlanta real estate investor, could not believe what he was seeing on the computer screen. A business associate had mentioned that Mr. Willison might want to Google himself, as some odd search results were appearing. And there they were.

Social Media 122

Social Media Branding Branding Brands 122

IP Watchdog

MARCH 11, 2023

The brief contends that the country’s most popular brands are at risk of losing their brand identity if the Court affirms the U.S. Jack Daniel’s Properties, Inc. filed its reply brief with the U.S. Supreme Court on Friday, March 10, in a major trademark case set to be argued on March 22.

Branding 98

Branding Branding Brands Trademark 98

IP Watchdog

AUGUST 17, 2021

When an influencer is paid to promote a brand – and the brand’s name is trademark-infringing – can the influencer be on the hook for the infringement? The result could widely expand trademark litigation against influencers – and could reshape how companies and their influencers relate to one another contractually.

Trademark 131

Trademark Litigation Brands Branding 131

Erik K Pelton

DECEMBER 9, 2022

Offense – goal scoring and attacking: litigating as needed to protect the brand. Midfield – Both attacking and defensive for protection when needed: Issuing ‘cease and desist’ letters when infringements occur.

Cease and Desist 147

Cease and Desist Trademark Registration Branding 147

43(B)log

JUNE 10, 2024

4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a factual dispute about what a “brand” is. The dispute turned on what a “brand” is; Zesty Paws argued that Nutramax was not a brand, but Cosequin etc. Nutramax Labs.,

Branding 72

Branding Branding Brands Marketing 72

TorrentFreak

JANUARY 28, 2025

Negative exposure in the media has direct implications for image and branding. “We have observed that, since filing of Nintendos litigation, you have begun deleting content you posted online, including content referenced in the Complaint. Even for Nintendo, suing every infringer isn’t just impractical.

Social Media 103

Social Media Litigation Copyright Copyright Infringement 103

IP Watchdog

JUNE 30, 2022

The ongoing “MetaBirkin” lawsuit is unusual, however, in that it involves a designer brand and two of the latest, trending topics – non-fungible tokens (NFTs) and the metaverse. There are not many trademark cases that are of equal interest to high fashion, the art world and cutting-edge tech.

Non-Fungible Tokens 98

Non-Fungible Tokens Trademark Litigation Designs 98

IP Law 360

JANUARY 10, 2025

Vintage Brand was a win for the college and brands, legal practitioners should expect plenty of litigation around unaddressed ornamentality issues of whether marks that are not yet incontestable can be canceled for being used solely in decorative, non-source-identifying ways, say attorneys at Debevoise.

Branding 52

Branding Branding Brands Litigation 52

The IPKat

MARCH 12, 2025

The UCL Institute of Brand and Innovation Law and MARQUES will host their annual "Question the Trade Mark Judges" event on 25 March 2025. She also provided a quick update on the long-running litigation about the alleged infringement of at least four of Driscoll's strawberry patents. The survey closes on 1 April 2025.

Intellectual Property 64

Intellectual Property Designs Design Intellectual Property Law 64

Traverse Legal Blog

OCTOBER 24, 2024

Are you a social media influencer or brand looking to hire a social media influencer? 3d 1268, 1273 n. 4 (9th Cir. California’s statutory Right of Publicity “requires a plaintiff to prove all the elements of the common law action plus a knowing use by defendant as well as a direct connection between the alleged use and the commercial purpose.”

Social Media 98

Social Media Copyright Infringement Copyright Law 98

Erik K Pelton

FEBRUARY 28, 2022

That’s important because it shows customers that you’re registered and protected and that you care about your brand. It makes it easier to do social media take downs on Instagram or for domain name take downs, or for Amazon brand registry. All types of online places today where so much business is conducted.

Registration 147

Registration Trademark Registering Trademarks Branding 147

Copyright Lately

OCTOBER 27, 2024

But this time, Hadid didn’t settle or litigate. It also keeps potentially embarrassing or private details from coming out in court or discovery, protecting a celebrity’s brand from unwanted scrutiny. A defendant could stipulate to liability in order to avoid litigation costs. She didn’t even hire a lawyer.

Copyright 83

Copyright Settlement Social Media Confidentiality 83

Erik K Pelton

NOVEMBER 12, 2023

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

Law 162

Law Intellectual Property Intellectual Property Law Trademark 162

Patently-O

AUGUST 3, 2021

Brand) which creates the apparel products. Under the statute for patent litigation venue, venue is proper in a judicial district if either (1) the defendant is incorporated in the district or (2) the defendant infringes within the district and also has a “regular and established places of business” in the district.

Branding 126

Branding Branding Brands Business 126

Nelligan Law

FEBRUARY 21, 2025

According to The Guardian , the James Bond franchise, managed by Danjaq LLC and EON Productions, is currently defending its rights to the 007 brand in a legal dispute with Austrian businessman Josef Kleindienst. Trademark law, of course, has its own brand of international intrigue. Its hard not to appreciate the irony.

Trademark 52

Trademark Cease and Desist Intellectual Property Branding 52

Traverse Legal Blog

SEPTEMBER 20, 2024

We represent entertainers, celebrities, and influencers looking to monetize their name, likeness, and voice, endorsing third-party brands. “Influencer Marketing” and “Social Media Brand Endorsement” have become big business. This means they also own and need to license the copyright to the brand.

Social Media 52

Social Media Branding Branding Brands 52

IP and Legal Filings

JANUARY 30, 2022

This popular case originated from a long-running legal dispute involving the Petitioner, Lucky Brand Dungarees, Inc. Lucky Brand), and the Respondent, Marcel Fashions Group, Inc. Lucky Brand claimed a defense against Marcel in the most recent case between the two, which it had not fully explored in a previous suit between them.

Trademark 105

Trademark Branding Branding Brands 105

Traverse Legal Blog

SEPTEMBER 27, 2024

Our technology and internet lawyers are constantly contacted by Amazon sellers trying to protect their brand names and products on the Amazon marketplace. One of the most common brand protection issues involves gray market sellers and counterfeits on Amazon. There’s both good news and bad news.

Branding 52

Branding Branding Brands Marketing 52

IP Watchdog

JULY 30, 2024

The conventional wisdom given to burgeoning designers is never to name your brand after yourself.

Branding 59

Branding Branding Brands Social Media 59