Kellogg’s legal team has successfully reached an agreement with a food truck in Ohio, leading to the cessation of the use of the phrase “L’Eggo My Eggroll,” which closely echoed the Eggo waffle brand’s well-known slogan. The decision was formalized on Monday, as reported by Law360, following negotiations to protect the company’s trademark rights. This…
In a significant development for Benjamin Moore & Co., a New Jersey federal court has decided in favor of the paint manufacturer in its dispute over unpaid royalties, awarding $4.2 million. This ruling brings closure to litigation initiated by Benjamin Moore against a former licensed retailer in Greece. The legal battle stemmed from allegations of…
Alston & Bird has strategically expanded its intellectual property (IP) litigation capabilities by welcoming three new partners, including two distinguished leaders from Winston & Strawn LLP. The firm, known for its robust IP practice, announced these significant additions on Monday, underscoring its commitment to strengthening its litigation prowess in key markets. The move highlights a…
In a recent ruling, Columbia University faced a setback as an Oregon federal judge decided that the university could not dismiss a trademark infringement lawsuit initiated by Columbia Sportswear. The lawsuit centers around the alleged infringement of trademarks, with the sportswear company arguing that the university’s branding causes market confusion. This decision also prevents Columbia…
A recent legal decision has clarified a contentious dispute involving a Napa Valley winery and its former legal counsel. In a California federal court, a judge has ruled that the attorney, who previously collaborated with the winery, holds no rights to the trademark associated with the RBS wine brand. The ruling marks a significant moment…
As legal professionals are well aware, the Inter Partes Review (IPR) process at the United States Patent and Trademark Office (USPTO) has become a central mechanism for challenging the validity of patents. This procedure was developed as a cost-effective alternative to litigation, structured to efficiently reconsider patents that may have been erroneously granted. However, recent…
In a recent ruling, the Trademark Trial and Appeal Board (TTAB) has decided to cancel the trademark registration of Everwise Credit Union due to a lack of commercial use by the mandated deadline. The Midwestern credit union failed to demonstrate that it had commenced the use of the trademark in commerce, which is a critical…
As artificial intelligence continues to reshape various sectors, the field of trademark creation and protection is experiencing significant changes. AI’s capabilities in generating and evaluating trademarks introduce both opportunities and challenges for legal professionals. One of the most impactful shifts is AI’s ability to generate trademarks rapidly. Traditional processes for creating trademarks involve manual brainstorming…
In a notable legal development, Shein, the fast fashion powerhouse, has successfully navigated a legal challenge from Brandy Melville, a prominent retail brand. A federal judge in California dismissed Brandy Melville’s trademark infringement and unfair competition claims, determining that these allegations were precluded by the U.S. Copyright Act. This decision marks a significant moment in…
In a recent development at the U.S. Patent and Trademark Office (USPTO), Director John Squires has made significant decisions regarding inter partes review (IPR) petitions. Squires, overseeing these matters since his appointment, chose to turn down 10 petitions for patent reviews under the America Invents Act. However, he also greenlighted four challenges in his latest…
In a recent decision, the Second Circuit Court of Appeals has upheld a previous ruling in favor of Thom Browne Inc., negating Adidas AG’s attempt to revive its trademark lawsuit. Adidas had argued that the introduction of four emails, allegedly withheld by Thom Browne’s attorneys, could potentially have influenced the verdict in their ongoing trademark…
San Francisco and the Port of Oakland recently reached a settlement in a contentious legal battle over trademark rights concerning the newly named “Oakland San Francisco Bay Airport.” The agreement marks the conclusion of the trademark infringement lawsuit initiated by San Francisco, allowing the East Bay city to retain its controversial new airport name as…
Taylor Swift, the renowned pop icon, is taking a bold legal step by filing for trademark registrations of her voice. This move highlights a creative strategy in combatting the misuse of her vocal likeness by artificial intelligence (AI). In an era where AI-generated content is increasingly prevalent, the legal community is closely watching how such…
Orrick Herrington & Sutcliffe LLP has strategically reinforced its intellectual property capabilities by bringing on a former attorney from the U.S. Patent and Trademark Office (USPTO). This addition is part of Orrick’s ongoing efforts to deepen its expertise in IP law, a crucial area for numerous corporate clients seeking robust protection for their innovations. The…
The Church of Jesus Christ of Latter-day Saints has initiated legal proceedings against the “Mormon Stories” podcast, alleging trademark and copyright infringement. The lawsuit contends that the podcast’s use of the term “Mormon,” along with certain design elements, may lead audiences to mistakenly believe it is affiliated with or endorsed by the Church. In November…
The confection giant behind the beloved Peeps marshmallows has initiated litigation against two companies alleged to be producing marshmallows that closely mimic its signature “bunny design.” The suit, filed by Just Born Quality Confections, asserts that these companies are infringing upon its trademarked design in a way that could mislead consumers and dilute the brand’s…
In a legal battle reminiscent of an action movie itself, a California federal judge has ruled that two restored Ford Mustang Shelby models dubbed “Eleanor,” featured in the 2000 film “Gone in 60 Seconds,” do not infringe on the intellectual property rights of the film franchise’s owner. The decision, handed down amidst a lengthy dispute…
Google has petitioned the U.S. Supreme Court regarding a controversial policy by the U.S. Patent and Trademark Office (USPTO) that relies on the age of patents when denying requests for review. This move by Google challenges what it describes as an “unprecedented and unsupported action” that oversteps the USPTO’s authority. The high stakes of this…
Virginia-based online education provider Stride Inc. has petitioned a Florida federal court to require a nearly $5.8 million reimbursement in legal fees and costs, following a contentious trademark infringement lawsuit it deems “frivolous.” Stride contends that the litigation, initiated by a Florida education subagency, was brought in bad faith, underscoring ongoing tensions in the realm…
In a recent legal development, a federal judge in California dismissed one of the seven counts in Getty Images’ lawsuit against Stability AI, focusing on allegations surrounding artificial intelligence-generated images. Despite the partial dismissal, the majority of Getty’s claims are set to proceed. These include accusations that Stability AI’s image generator unlawfully integrates portions of…
In the latest series of decisions, U.S. Patent and Trademark Office Director John Squires has issued a bulk order granting five inter partes reviews (IPRs) under the America Invents Act, while denying four others. The decisions were rendered with minimal commentary, a strategy that has become increasingly common in recent practice. This approach is part…
The U.S. Patent and Trademark Office (USPTO) is experiencing a significant transition as its acting leader, Drew Hirshfeld, prepares to depart. His role in steering the agency’s patent division has been pivotal, and his imminent retirement marks an important shift. Hirshfeld, who stepped in as the acting commissioner, will be succeeded by a deputy commissioner…
A recent hearing in a Massachusetts federal court has unveiled surprising details in the ongoing trademark dispute between Birkenstock and White Mountain. The crux of the legal dilemma centers on Birkenstock’s delay in filing a trademark infringement claim, which has allegedly put its iconic brand at risk. The judge presiding over the case expressed skepticism…
In a significant ruling, a California federal judge recently restrained OpenAI from employing “IO” as a trademark for its artificial intelligence hardware products. This decision came amid a legal challenge from IYO Inc., a smaller startup, which argued that the similarity between the two brand names was likely to cause confusion among consumers. The court’s…
The Supreme Court recently held oral arguments in the case of Blanche v. Lau, a matter examining the scope of immigration officers’ discretion in classifying lawful permanent residents who have been accused, but not convicted, of crimes that may lead to deportation. The case focuses on Muk Choi Lau, a Chinese national who became a…