Trademark

Court Applies Rogers v. Grimaldi to Dismiss Trademark Case Over Book Cover and Use of Photographs

In a ruling reaffirming the vitality of the Rogers v. Grimaldi test on motions to dismiss, a federal judge has dismissed a lawsuit alleging the bestselling memoir Surviving to Drive, authored by Formula 1 racing figure Guenther Steiner, infringed the trademarks of a corporate sponsor.

Vidal v. Elster, or, What Happens When the Supreme Court Lacks a Fundamental Theory of the First Amendment

The Court’s struggle to find a deciding principle stems directly from the siloing of First Amendment law into discrete doctrines – public forums, government benefits, and so on. The fact that this case did not neatly fit into these categories is what led Justice Thomas to abandon logic for history, Justice Kavanaugh to give up…

“Metabirkins” NFT Trial Tests Multiple Legal Theories

Hermes International sought legal remedies against Los Angeles artist Mason Rothschild for his creation and sale of NFTs, without obtaining Hermes’ authorization, depicting digital images of revised versions of Hermes’ iconic “Birkin” handbag.

Wyoming Federal Court Applies Rogers Test and “Genuine Artistic Motive” Test

The case highlights the fact that a national standard as to when First Amendment interests take precedence over trademark infringement and unfair competition claims does not yet exist.

Court Dismisses Trademark & Related Claims Over Product Reference in Fictional TV Show

Reinforcing the strong First Amendment protections for the use of real-life products and brands in expressive works, a Los Angeles federal court rejected a trademark and trade libel suit over an episode of “Evil.”

Talk to the Hand: Michigan Copyright and Trademark Lawsuit Over Similar Hand Gesture Images Clapped Back

This lawsuit vindicates the maxim that “no good deed goes unpunished,” but the outcome provides some encouragement for those using advertising images that are minor variations on common themes.

Sixth Circuit Clarifies When Online Marketplaces Can and Can’t Be Liable for Direct Trademark Infringement

The court held that direct trademark liability is limited by the Lanham Act’s requirement that the defendant “use” the mark in a way the Act prohibits, and as a result “some trademark-infringing activity does not create liability.”

The Colors on a Rubik’s Cube are Nonfunctional? Really?

In this article, I will focus on one aspect of the report: the magistrate’s ruling that the coloration of the Rubik’s Cube is not functional, and therefore eligible for trade dress protection. Because, what?

Courier Journal Beats Back Trademark Infringement Lawsuit from Makers of DERBY-PIE®

The court held that the news articles challenged in the lawsuit do not constitute “trademark use” and therefore the Lanham Act does not even apply.

Seventh Circuit Upholds Dismissal of Defamation, False Light and Related Lanham Act Claims on Opinion Grounds War of Experts Best Resolved By Rebuttal, Not Defamation Suit