Each year, millions of dollars in counterfeit goods enter the U.S. According to the Organization for Economic Co-Operation and Development, the international trade of counterfeit and pirated goods amounted to as much as $509 billion in 2016.[1] From 2003 through 2018, the number of seizures of infringing goods by the U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) increased from 6,500 to 33,810, while the domestic value of seized…

Everything IP Under One Digital Roof

Using the International Trade Commission to Stop the Importation of Infringing Goods

By Mary Kathryn Gimber & R. Devin Ricci

April 19, 2021

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The United States International Trade Commission (“ITC”) is a quasi-judicial federal agency with broad investigative responsibilities on matters of international trade. An increasingly popular function of the ITC is serving as an alternate forum to litigate intellectual property disputes arising under Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. § 1337), commonly referred to as a “Section 337 investigation.” Section 337 vests the ITC with authority to investigate and issue decisions involving…

Everything IP Under One Digital Roof

Satanic Panic? Trademark Law’s Collision with the First Amendment

By Jessica Engler

April 9, 2021

This post is also available as a podcast: Wearable art or a devilish rip-off? That’s the question posed by a recent collaborative release by art cooperative MSCHF Product Studio and musician Lil Nas X – the limited edition “Satan Shoes.” The Satan Shoes are constructed from Nike Air Max 97 shoes and feature a black and red motif, a pentagram charm on the laces, and the writing “Luke 10:18” which refers to the biblical verse…

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Avoiding Additional Fees in Connection with Registration Maintenance

By Mary Kathryn Gimber & R. Devin Ricci

March 8, 2021

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Trademarks are use-based rights, meaning that a trademark is only entitled to be registered if the mark is actually in use. Likewise, the registrant must continue to use the mark in commerce in order to maintain registration and must take action to renew a trademark registration at various milestones (year 5, 10, 20, 30, etc.). In so doing, trademark owners are required to submit specimen materials showing that the mark is still in use in…

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Fifth Circuit Rules Use of Vizzy and Brizzy For Seltzer Not Confusing

By Sonny Chastain

March 5, 2021

Future Proof Brands, L.L.C. (“Future Proof”) filed a trademark infringement action against Molson Coors Beverage Co. (“Coors”) objecting to its use of the mark Vizzy. Future Proof used and registered the mark Brizzy as a brand of hard seltzer containing carbonated water, alcohol and in most cases fruit flavors. When Coors branded its hard seltzer Vizzy, Future Proof objected and sued seeking an injunction. Coors denied infringement claiming that it branded Vizzy by amalgamating its…

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$2.175 Billion—With A “B”—Verdict In Patent Infringement Case

By Lauren Rucinski & R. Devin Ricci

March 4, 2021

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Semiconductor chip giant Intel was hit with a massive, $2.175 billion dollar verdict this week over infringement claims of two patents owned by VLSI Technology LLC.[1] So, the next time your patent counsel warns that “patent infringement damages can be nontrivial,” please take heed. In April 2019, VLSI Technology filed three infringement suits against Intel in the U.S. District Court for the Western District of Texas accusing various Intel processors of infringement.[2] The…

Everything IP Under One Digital Roof

Jazz Musician Fails to Produce Evidence of Copying

By Sonny Chastain

February 25, 2021

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The Fifth Circuit Court of Appeal recently addressed a copyright infringement claim by local jazz musician Paul Batiste. Batiste alleged that a hip-hop duo infringed his musical work. However, the Court concluded that Batiste had failed to produce evidence for a reasonable jury to infer that the defendants had access to his music or to find a striking similarity between his songs and those of the defendants. The infringement based on copying can be proven…

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Don’t Forget the Registration Symbol

By Sonny Chastain

February 8, 2021

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A federal registration of a trademark with the United States Patent and Trademark Office constitutes constructive notice of a registrant’s claim of ownership thereof. Pursuant to 15 U.S.C. §1111, a registrant may give notice that the mark is registered by displaying with the mark the words “registered in U.S. Patent and Trademark Office” or “reg. U.S. Pat. & Tm. Off.” or the letter “R” enclosed within a circle. More importantly, this statute provides that in…

Everything IP Under One Digital Roof

The Trademark Modernization Act of 2020 Adds New Tools to Fight Unused Trademarks and Implied Presumptions for Trademark Infringement Plaintiffs

By Jessica Engler

January 15, 2021

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Buried in the 5,500-page Consolidated Appropriations Act for 2021 among various COVID-19 relief was the Trademark Modernization Act of 2020 (“TMA”). The TMA, which will become effective on December 27, 2021, makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce. For litigants, the TMA also adds important clarity to the Lanham Act’s standard for obtaining…

Everything IP Under One Digital Roof

New Tools for Copyright Enforcement: Copyright Claims Board and The Protecting Lawful Streaming Act

By Mary Kathryn Gimber & R. Devin Ricci

January 11, 2021

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The Case Act of 2020 provides cost-effective means to protect copyrights. With the passage of the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “CASE Act”), Congress has blessed the creation of an alternative forum for copyright infringement claims, the Copyright Claims Board (“CCB”) within the U.S. Copyright Office, in which claimants can seek to resolve certain copyright claims in a more expeditious and cost effective manner. The CCB has authority to render decisions…

Everything IP Under One Digital Roof

Brought to you by the Intellectual Property team at Kean Miller LLP

Blog Authors

Registering Your Intellectual Property Rights With Customs: A Proactive Measure to Block The Importation of Infringing Goods Into The U.S.

Using the International Trade Commission to Stop the Importation of Infringing Goods

Satanic Panic? Trademark Law’s Collision with the First Amendment

Avoiding Additional Fees in Connection with Registration Maintenance

Fifth Circuit Rules Use of Vizzy and Brizzy For Seltzer Not Confusing

$2.175 Billion—With A “B”—Verdict In Patent Infringement Case

Jazz Musician Fails to Produce Evidence of Copying

Don’t Forget the Registration Symbol

The Trademark Modernization Act of 2020 Adds New Tools to Fight Unused Trademarks and Implied Presumptions for Trademark Infringement Plaintiffs

New Tools for Copyright Enforcement: Copyright Claims Board and The Protecting Lawful Streaming Act

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