Tag Archives: Trademark

SCOTUS Unanimously Holds Willfulness Is Not Required To Recover Trademark Profits

BY: Michael Kolcun | April 24, 2020

The Supreme Court has held a plaintiff can recover a defendant’s profits without having to prove willful trademark infringement. Romag Fasteners, Inc. v. Fossil, Inc. involves allegations of trademark infringement over handbag fasteners. While a jury agreed that Fossil infringed Romag’s trademark, it rejected the accusation that the infringement was willful. As a result, and … Continue reading

Federal Circuit Denies Louis Vuitton’s “Apogée” Registration

BY: Carly Kessler | July 15, 2019

Apogée or ApHogee: that is the question. Do those look or sound similar to you? Not to Louis Vuitton. But the Federal Circuit disagreed, and on July 5 ruled that the luxury brand could not register the word “Apogée” as a trademark for its perfume. Last year, the Trademark Trial and Appeal Board (“TTAB”) refused … Continue reading

SCOTUS Strikes Down Ban on “Immoral” and “Scandalous” Trademarks

BY: Michael Kolcun | June 27, 2019

The Supreme Court has handed another loss to the USPTO by finding a First Amendment violation with the Lanham Act’s prohibition from registering “immoral” and “scandalous” trademarks. Iancu v. Brunetti was brought by an artist and founder of a clothing line who was denied trademark registration for his brand, FUCT. While he claimed the brand … Continue reading

The Seventh Circuit Affirms a Pleading Error to the Tune of $5 Million

BY: Michael Kolcun | June 5, 2019

Despite winning a trademark infringement lawsuit, the Seventh Circuit held the plaintiff was not entitled to almost $5 million in additional damages because it incorrectly included the main defendant’s corporate divisions as separate parties. In Barrington Music Products, Inc. v. Music & Arts Center, et al., Barrington alleged Guitar Center infringed its “Vento” trademark by … Continue reading

SCOTUS Sides with Trademark Licensees in Circuit Split over Contract Rejection

BY: Michael Kolcun | May 22, 2019

The Supreme Court has ruled that trademark owners cannot use bankruptcy law to reject an existing contract and thereby rescind a licensee’s right to continue using their marks. Mission Product Holdings v. Tempnology, LLC involved Tempnology’s licensing of its “Coolcare” trademarks to Mission, a sports company specializing in the manufacture of athletic apparel designed to … Continue reading

Who Holds Legal Title to “Chella”?

BY: Carly Kessler | September 17, 2018

The fate of Coachella Music Festival and Filmchella is in the jury’s hands. On September 10, 2018, U.S. District Judge R. Gary Klausner, denied Coachella’s motion for partial summary judgment on its trademark claims against Filmchella founder Robert T. Simms. Coachella, a world-renowned music and arts festival in Indio, California takes place over two weekends … Continue reading

Sweet as Candy? Sugarfina takes Competitor to Court

BY: Carly Kessler | June 23, 2017

On June 15th, Sugarfina Inc. (“Sugarfina”), a gourmet candy boutique, sued one of its competitors, Sweet Pete’s LLC (“Sweet Pete’s”), accusing Sweet Pete’s of trade dress, copyright, trademark, and patent infringement, as well as unfair business practices. The suit was filed in the Central District of California under the title Sugarfina, Inc. v. Sweet Pete’s … Continue reading