Among the circuit courts of appeal, there is an even split between the 1st, 2nd, 8th, 9th, 10th and Washington, D.C., circuits and the 3rd, 4th, 5th, 6th, 7th and 11th over whether the Lanham Act requires “willful” infringement before a plaintiff can recover profits. The United States Supreme Court is set to bring clarity to the circuit split when it hears arguments in Romag Fasteners Inc. v. Fossil Inc., 18-1233, next month.
The Untied States Supreme Court has struck down a section of federal law that prevented officials from registering trademarks seen as scandalous or immoral, handing a victory Monday to California fashion brand FUCT.
A music company has failed to convince the 7th Circuit Court of Appeals to increase its award of damages by millions in a trademark suit against Guitar Center Stores, Inc.
The U.S. Supreme Court discussed a trademark case Monday involving Los Angeles-based fashion brand “FUCT.” But the justices did some verbal gymnastics to get through about an hour of arguments without saying the brand’s name.
While license agreements are often complex, we have seen many common pitfalls in licenses for patents and know-how (trademark and copyright licenses present similar issues, but are beyond the scope of this article). A “top 10” is a somewhat arbitrary list, but here goes:
A First Amendment case just heard by the United States Supreme Court pits an anti-establishment brand — the four-letter acronym for Friends U Can't Trust — against federal prohibitions on trademarks that are “scandalous and immoral.”
At Indiana University, Purdue University, Notre Dame and elsewhere, specialized university technology and commercialization offices are taking an expanding role in protecting the intellectual property of academic research, innovations and inventions.
The Carmel-based maker of Splenda sweetener has settled a legal dispute with the franchisor of International House of Pancakes and Applebee’s, which it sued last year for trademark infringement.
With more than 1.4 million barrels of aging bourbon whiskey in reserve, Heaven Hill Distilleries may not cry over a spilled shot glass or two, but it will fight to defend its trademark. The Kentucky distiller has filed an infringement lawsuit against a Chicago-based company that makes a collection of American whiskeys co-created by musical legend Bob Dylan.
A northwestern Indiana city that hosts an annual festival built around a popular Polish delicacy has reached a settlement in its trademark dispute with a rival festival in Pennsylvania. Since 2014 the Edwardsville Hometown Committee has run the Pennsylvania festival dedicated to the potato-filled dumplings, abundant in a region whose coal mines drew Polish immigrants more than a century ago, while Whiting, Indiana, has hosted Pierogi Fest since 1995.
The brewing trade war between the United States and China has shone a renewed spotlight on a longstanding source of contention between the two economies: intellectual property theft.
With the help of the intellectual property law clinics at Indiana University Maurer School of Law and Notre Dame Law Schools, inventors are securing patents and protections that could give their ideas the commercial boost the need to compete in the marketplace.
Ohio State wants a federal judge to dismiss a class-action lawsuit by one of its most famous football stars who alleges athletes' images were used without their permission and without compensation.
The 7th Circuit Court of Appeals has affirmed the grant of summary judgment to a California wine and canvas company on a series of trademark infringement claims, finding the original Indiana parent company to the California business failed to prove any of its claims on appeal.
The Justice Department is giving up the legal fight over the name of the Washington Redskins.
While Monday’s decision from the Supreme Court of the United States that barred the federal government from asserting which names are offensive has been viewed as a victory for the Washington Redskins, a high school in northern Indiana may provide an example of what the eight justices were trying to accomplish.
The U.S. Supreme Court on Monday struck down part of a law that bans offensive trademarks, ruling in favor of an Asian-American rock band called the Slants and giving a major boost to the Washington Redskins in their separate legal fight over the team name.
A federal judge refused to order separate trials on liability and damages for a Merrillville-based steakhouse chain accused of copying the trade dress and trademarks of a larger Texas-themed competitor.