Earnhardt Family Races Through Federal Circuit Over Surname

August, 8th, 2017

By Christopher J. Stankus On July 27, 2017, the Federal Circuit vacated and remanded for reconsideration the TTAB’s finding that the mark EARNHARDT COLLECTION is not primarily merely a surname because it was unclear whether [Read More…]

Summary Judgment Proceedings Continue Between Bruce Kirby And LaserPerformance And Quarter Moon; Global Sailing Limited Files New Lawsuit

July, 17th, 2017

On July 12 Bruce Kirby Inc. and LaserPerformance and Quarter Moon filed supplemental summary judgment briefs on Bruce Kirby’s trademark infringement claims regarding Defendants’ unauthorized use of the BRUCE KIRBY trademark on Kirby Sailboats. That [Read More…]

Supreme Court Rules Disparagement Refusals Unconstitutional—Will Scandalous Refusals Be Next?

July, 14th, 2017

By Chelsea A. Russell On June 19, 2017, the Supreme Court expanded trademark protection in its much-awaited ruling of Matel v. Tam, 582 US ___ (2017). The Lanham Act has long held that a trademark [Read More…]

WHIPgroup Obtains Default of Foreign Defendant Served Through Hague Convention

July, 7th, 2017

WHIPgroup successfully obtained an entry of default on a Chinese corporation, Pühler (Guangzhou) Machinery and Equipment Co., Ltd., after serving the defendant at its German address under the Hague Convention. WHIPgroup client Netzsch Premier Technologies, [Read More…]

WHIPgroup Files New Trademark Infringement Lawsuit

June, 23rd, 2017

WHIPgroup has filed a trademark infringement lawsuit on behalf of its client Vineyard Vines in the District of Connecticut, Case No. 3:17-cv-1033 (D.Conn.) (filed June 22, 2017). Vineyard Vines is a well-known American clothing and [Read More…]

Gene Simmons’ Gesture of Love…or Devil Horns. Can’t tell…

June, 23rd, 2017

By Christina L. Winsor Gene Simmons a/k/a “the Demon” and famous rocker of the band KISS filed a US Federal trademark application, Serial No. 87482739, on June 9, 2017 for “his” devil horns hand gesture [Read More…]

While Fame Is All-Or-Nothing For Some And Relative For Others, This Is Not To Be Confused At The TTAB

June, 7th, 2017

By Michael J. Kosma In Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, [2016-1089] (May 24, 2017), the Federal Circuit was “perplexed” by the TTAB’s finding that Phelp’s INSIGNIA wine has no “fame,” giving no [Read More…]

Recent Supreme Court Decision Enhances Fashion Design IP Rights

April, 13th, 2017

By Chelsea A. Russell Protecting fashion designs through intellectual property rights has always been an important aim of the fashion industry. When you think of knockoffs your mind immediately drawn to handbags, designer imitations, and [Read More…]

Amazon Announces Anti-Counterfeiting Efforts

April, 3rd, 2017

Amazon has announced an intention to offer brand registry in North America to combat the high volume of sellers of counterfeit goods on its marketplace platform. Under the proposed program, brand owners may register their [Read More…]

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