Earlier this month, the Federal Circuit ruled that trademark rulings from the International Trade Commission (“ITC”) do not have preclusive effect. This means that ITC actions do not bar district court cases, that ITC trademark rulings are not binding on district courts, and that parties are not estopped from raising arguments they’ve raised in front
“Scandalous” Trademarks, and Why They May Become More Prevalent
Of late, multiple authors of this blog have followed the legal landscape around “scandalous” trademarks. In particular, this post follows up on the USPTO’s petition to the Supreme Court, which we previously covered.
A “scandalous” or “immoral” trademark is one which a member of the public would likely find “shocking to the sense of
Coachella/Filmchella Dispute Ends
Over the past year, including in my blog post last month, we’ve traced the progression of the Coachella/Filmchella lawsuit, which was scheduled for trial earlier this month. Approximately a week before trial, the parties settled the case and the Court entered a stipulated order as a result. The order contains a permanent injunction prohibiting
Coachella/Filmchella Dispute Headed to Trial
The Coachella/Filmchella trademark infringement case, which we have previously covered here, here, and here, is headed to trial in California this October. Last week, the federal judge assigned to the case denied Coachella’s partial summary judgment motion and ruled that a jury, not the judge, must ultimately decide whether the Filmchella founder
Send a C&D, or Just Sue?
When evaluating how to address what you believe constitutes infringement, false advertising, or unfair competition, the decision to send a cease and desist letter or to file a lawsuit becomes an important one. Is there a right approach in each instance? No. There are pros and cons to each and, in a typical lawyer answer,
Expanded Injunction Ruling in Coachella/Filmchella Case
Following up on my blog post last month related to the Coachella/Filmchella trademark infringement case pending in the Central District of California, the court held this week that the organizer of the Filmchella music festival cannot use the name Filmchilla now either. The court had previously issued a preliminary injunction in favor of the organizers
Coachella vs. Filmchella
The Coachella/Filmchella trademark infringement case continues to heat up. Last month, my colleague Megan Center wrote a blog post about the preliminary injunction granted by the Central District of California to the organizers of the Coachella music festival related to another party’s use of Filmchella to refer to a film festival. Interestingly, the plaintiff attempted
“I Can” and “I Will” File a Lawsuit
Earlier this week, Under Armour filed a declaratory judgment action in Maryland federal court against Battle Fashions Inc. and Kelsey Battle seeking an order that Under Armour is not infringing any of Battle Fashion’s trademark rights. In its complaint, Under Armour describes multiple communications the defendants sent to Under Armour demanding that it cease
Court Has Zero Chill for Use of “Chell”
The attendance of a multi-day concert/festival in the desert seems to be a right of passage for millennials with events popping up all over the country. However, are you permitted to utilize the goodwill associated with those events to create your own event? The U.S. District Court for the Central District of California (Court) held
Air Jordan Logo Too Similar to Rob Gronkowski Logo, Says Nike
Nike continues to flex its ever-growing muscles in protecting its lucrative Jumpman brand, blocking the NFL’s Rob Gronkowski’s registration of a silhouette of his signature touchdown spike earlier this week. In a Notice of Opposition before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office (“USPTO”), Nike argues that Gronkowski’s