MHCS brought an action at the Trademark Trial and Appeal Board (TTAB) seeking to cancel Les Grand Chais de France’s registered mark VEUVE OLIVIER for “sparkling wines,” arguing that it creates a likelihood of confusion with, and dilutes, MHCS’s VEUVE
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Fifth Circuit Finds Speculation and Clichés Not Enough to Make Musician Plaintiff a Copyright Rockstar
Affirming the district court’s award of summary judgment for the band Nickelback, the Fifth Circuit found a copyright plaintiff’s circumstantial evidence insufficient to support a finding that Nickelback had actually copied his work.Read more
Winning the Battle but Not the War: Disclaimer Requirement Overturned, Section 2(d) Objection Upheld
Happs Place Barn and Grill is a local institution in Glenville, North Carolina. Honoring the town’s long history, the owners, Ol Happ’s Place Restaurant, LLC, resurrected an old, shuttered restaurant and crafted a new modern building from the bones of…
The Federal Circuit’s Heartfelt Affirmation of Everybody’s Right to Use “Everybody vs. Racism”
On January 22, 2024, the Court of Appeals for the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (the “TTAB”) to refuse registration of the phrase EVERYBODY VS RACISM in connection with merchandises and services promoting…
Jury Rules that Kat von D’s Miles Davis Tattoo Did Not Infringe
Katherine von Drachenberg using the Miles Davis reference. Screenshot from Complaint.Read more
Trademark Application for Fruity Pebbles’ Colors—“Yabba-Dabba-Delicious” but Not Protectable
In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) affirmed refusal of Post Foods, LLC’s application to register a color mark, consisting of “the colors of yellow, green, light blue, purple, orange, red and pink applied to the…
“In the Ayer”: The Supreme Court Considers the Availability of Retrospective Damages for Copyright Infringement
On February 21, 2024, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy, a case focusing on the availability of damages for copyright infringement. At issue is whether a copyright plaintiff may obtain retrospective relief for…
E.D. Pa. Delivers Summary Judgment Victory in Row Over Meta Tags
In today’s ever-evolving online world, the intersection between trademark infringement and the use of trademarks as meta tags is an issue receiving more and more attention. In a drawn-out dispute spanning more than five years , the United States District…
D. Mass Says They’re Both the Bad Art Friend
In October 2021, Robert Kolker published a longform feature in The New York Times Magazine with the title “Who Is the Bad Art Friend?” In his piece—which sparked widespread discussion online about the ethics of altruism, art, and…
Ninth Circuit Pours Jack Daniel's in “Punchbowl” Trademark Suit
For many years, courts often applied the quintessential likelihood-of-confusion test for trademark infringement claims more narrowly when analyzing allegedly infringing products that were also works of artistic expression. For such products, courts generally applied a threshold First Amendment test, as…