Descriptive There, Trademarked Here: An “Ugg”-ly Dispute
It is widely accepted in the United States that generic and descriptive terms cannot be trademarked. So what happens when a descriptive word from a foreign country makes its way…
Gucci is Ghosting and Louis is Lunging: An Examination of Disparate Luxury IP Enforcement Strategies
These days it seems that nothing is safe from millennials. The running joke is that strengthened by their addiction to avocado toast, and with all of their free time due…
When Teams Move Out
When a team relocation is announced, the move will mean heartbreak for some sports fans, but it also offers the opportunity to build for others. Former Cleveland Browns placekicker and…
Invasion of the Bot E-Snatchers? Not Quite.
Automated software programs, or “bots,” have been in use since the early days of the internet, perhaps most notably by search engines and online market aggregators to power their services.…
Is Marilyn Monroe Generic?
Marilyn Monroe was—and continues to be—one of the most iconic actresses in the world. And while there is no doubt that Marilyn Monroe is a household name, is it possible…
Disparaging Trademarks and Free Speech – Will the Supreme Court Strike Down the Disparagement Clause?
15 U.S.C. 1052(a) and its validity was examined in Lee v. Tam. The question is, will the Supreme Court strike it down? The statute in question is the “disparagement provision” of…
Trademark Litigation in the Shadow of B&B Hardware
In 2015, the Supreme Court decided a trademark dispute, B&B Hardware, Inc. v. Hargis, Indus. However, in the light of more public trademark cases, such as the Washington Redskins trademark…
Courts Split Over Fourth Circuit’s New False Advertising Standard
This blog post discusses the impact of the Fourth Circuit’s ruling regarding “literally false” advertising claims. The case is In re GNC Corp., 789 F.3d 505 (2015). An earlier blog…
Trademark Law and the Brilliance of “Dumb Starbucks”
A typical comedian would not devote an episode of his TV show to issues of trademark law, but Nathan Fielder is not a typical comedian. Most people in the U.S.…
Truth and TriFlex: The Fourth Circuit’s Ruling Regarding “Literally False” Advertising Claims
This blog post discusses the Fourth Circuit’s ruling regarding “literally false” advertising claims. The case is In re GNC Corp., 789 F.3d 505 (2015). I. Factual Background GNC, a national…