Case name: Makemytrip (India) Private Limited v. Orbit Corporate Leisure Travels. Sterne, Kessler, Goldstein & Fox P.L.L.C. By Anthony S. Volpe and Anupma Sahay | September 05, 2018 … Forty percent of respondents said they had experienced 1-10 cases of infringement, while 22% experienced 11-20. A federal judge ruled way back in 2015 that Costco was liable for trademark infringement and counterfeiting for using the name, but the case has been meandering through district court over damages. Costco has argued it lacked a basis in the record. Converse's case, scheduled to be argued before a panel in February, claims that Wal-Mart Stores Inc., Skechers USA Inc., New Balance and dozens of others have been copying the Chuck's key elements — a rubber "bumper" running around the front, a toe cap and stripes around the sides. "The court cited no actual evidence of existing or future harm to reputation or goodwill, or the losses that would result." No. It said the commission's focus on similar shoes was misplaced. The Gillette Company Llc Vs. Tigaksha metallics Private Ltd. (2018) 251 DLT 530 47-51 9. Lawyer Monthly is a news website and monthly legal publication with content that is entirely defined by the significant legal news from around the world. Adidas America Inc. et al. Single Colour not Entitled to Trademark Protection: Christian Louboutin v. Abubaker. A trademark is a word, phrase, symbol, slogan, color, packaging, or any … More than mere "platitudes" about harm to reputation and goodwill are needed, the court said. Big Infringement cases of 2018 Sun Pharma’s subsidiary files patent infringement suit against German drug maker Biofrontera On July, 2018, Sun pharma’s US subsidiary DUSA pharmaceuticals on Wednesday said that the company has filed a law suit against German drug maker Biofrontera for patent infringement, trade secret misappropriation and tortious interference claims in an on going patent … Further, trademark law is often subjective so what trademarks are confusing to one jury may not be to another. 17-731, 2018 WL 2186227 (May 14, 2018); Spin Master, 944 F. Supp. Part 2 of this series is about trademark disputes, and outlines some key tips and action steps for enforcing your trademarks responsibly online. Others to Watch Netflix, Adidas, Easyjet and Fortnite all feature in Lawyer Monthly's round up of the biggest The … 1100 New York Ave, NW Suite 600 LAWYER MONTHLY - Lawyer Monthly is a Legal News Publication featuring the Latest Deals, Appointments and Expert Insights from Legal Professionals around the Globe. How the court comes down on those two arguments could provide needed practical guidance on how to win a preliminary injunction. To be specific, more than 28,000 trademark infringement and counterfeiting cases were cracked, involving a value of RMB 350 m illion; and 203 suspected cases were transferred to courts. (CIVIL CASES) 2018. Costco was denied an immediate trip to the Second Circuit. "Big companies won't be happy about it, but they'll still pursue the cases that are important to them," said Cynthia Walden, the head of the trademark group at Fish & Richardson PC. Start Your Trademark Search Now! That changed in 2013, when the agency started asking for the far-larger attorneys' fees, too. 4666). "If it's infringing our brand, of course it's going to hurt us. Attorney advertising; prior results do not guarantee a similar outcome. The Federal Circuit is set in 2018 to weigh in on whether Nike Inc.'s Converse can use trademark law to block rival shoe companies from making sneakers that look like the iconic Chuck Taylor. AM General LLC v. Activision Blizzard Inc.: Can the company behind the Humvee succeed where others have gotten "game over" and sue Activision Blizzard for use of the iconic military vehicle in its "Call of Duty" video games? Trademark law has seen substantial developments in 2019 and 2020, with four major cases in the United States and Europe rising to the top. The case is Adidas America Inc. et al. "That is such a big number for a trademark case." The en banc Federal Circuit's July decision struck down a controversial fee … The jury awarded $45.5 million as a reasonable royalty and disgorged $50 million in Walmart’s profits to create the total award. The hearing officer at the UKI… Application of associative thinking theories on deciding the cases in Trade mark infringement. NantKwest Inc. v. Iancu. Thus, while it was not challenging to come up with a Top Ten Patent Cases article and presentation, the same is not true for trademarks. However, there is another type of company news that isn’t given much importance, but it’s crucial in order to understand which risks mark holders can … The Supreme Court turned down Herb Reed in 2014, but with Adidas' case against Skechers, the Ninth Circuit is gearing up to rule once again on the tricky issue. Adidas sued in 2015, claiming Skechers was infringing the the trade dress for the company's Stan Smith sneaker. "The commission improperly adopted a patent-like prior art analysis, relying on sporadic and decades-old shoe images without any evidence the shoes made a material impression on the relevant consumer group," Converse wrote. Monster Energy v Thirsty Beasts. A jury awarded $710,000 in damages for trademark and copyright infringement to Grumpy Cat Limited, the entity holding the rights to the Internet cat celebrity Grumpy Cat. ... Mar 15, 2018, 06:40pm EDT. https://www.thedrinksbusiness.com/2018/07/brand-disputes-likely-to-increase-as-uk-trademarks-for-spirits-rise-41/, https://www.gov.uk/government/publications/trends-at-uk-intellectual-property-office-1995-to-2017, https://www.erikpelton.com/uspto-received-more-than-440000-trademark-applications-in-2017-a-new-record/, https://trademarklawyermagazine.com/princes-estate-files-trademark-for-a-shade-of-purple/, https://scoutingwire.org/the-boy-scouts-of-america-organization-name-is-not-changing-and-other-facts-to-set-the-record-straight/, http://fortune.com/2018/11/06/girl-scouts-lawsuit-boy-scouts-trademark-infringement/, https://www.worldipreview.com/news/battle-of-the-sexes-girl-scouts-takes-on-boy-scouts-over-rebranding-efforts-16943, https://af.reuters.com/article/worldNews/idAFKCN1NB2JP, https://www.theguardian.com/society/2018/nov/06/girl-scouts-sue-boy-scouts-america-lawsuit-over-name-trademark, https://www.bbc.co.uk/news/business-43904274?intlink_from_url=https://www.bbc.co.uk/news/topics/c6mk4k7vmv8t/trademark-disputes&link_location=live-reporting-story, https://www.bbc.co.uk/news/business-43904274, https://www.lexology.com/library/detail.aspx?g=23638806-354d-4d22-962f-d6310a25a0e5, https://www.bbc.co.uk/news/world-europe-44939819, https://www.theguardian.com/law/2018/jul/25/kitkat-does-not-merit-trademark-protection-eu-court-rules, https://news.sky.com/story/kit-kat-battles-for-four-finger-trademark-11448020, https://variety.com/2018/gaming/features/pubg-fortnite-lawsuit-explained-1202825216/, https://www.engadget.com/2018/06/27/pubg-creators-drop-epic-games-fortnite-lawsuit/, https://www.theguardian.com/games/2018/jun/28/pubg-drops-fortnite-lawsuit-epic-games, https://www.retaildive.com/news/burberry-target-settle-trademark-dispute/540447/, https://d12v9rtnomnebu.cloudfront.net/paychek/Memo_on_resolution.pdf, http://www.startribune.com/burberry-vs-target-drawing-the-line-between-inspiration-and-infringement/491157851/, http://fortune.com/2018/05/11/burberry-suing-target-trademark-infringement-check-print/, https://www.retaildive.com/news/burberry-to-stop-destroying-unsold-merchandise/531834/, https://fashionista.com/2018/05/burberry-check-pattern-target-lawsuit, https://www.theguardian.com/business/2018/sep/30/netflix-sued-by-easyjet-founder-in-trademark-dispute, https://www.cnbc.com/2018/10/01/netflix-is-sued-by-easyjet-founder-sir-stelios-over-tv-series-easy.html, https://www.reuters.com/article/us-netflix-lawsuit-easygroup/easyjet-founder-sues-netflix-over-easy-idUSKCN1MB3CU, https://www.law.com/newyorklawjournal/2018/06/05/adidas-case-informs-importance-of-building-a-strong-case-of-irreparable-harm-in-trademark-cases/?slreturn=20181021073302, http://www.thefashionlaw.com/home/adidas-scores-partial-victory-in-lawsuit-against-skechers-over-lookalike-sneakers, https://www.bizjournals.com/portland/news/2018/05/10/adidas-trademark-infringement-suit-against.html, https://www.law360.com/ip/articles/1048619/adidas-skechers-settle-three-stripe-trademark-row, https://www.worldipreview.com/news/ebay-fails-to-stop-registration-of-ukbay-trademark-17003, https://www.ipo.gov.uk/t-challenge-decision-results/o73618.pdf, https://tamebay.com/2018/11/ebay-lose-trademark-case-ukbay-ordered-pay-costs.html, https://www.worldipreview.com/news/elon-musk-s-teslaquila-draws-criticism-from-mexico-s-tequila-industry-16974, https://www.thedrinksbusiness.com/2018/11/tequila-regulatory-council-opposes-elon-musks-teslaquila-trademark/, https://www.reuters.com/article/us-tesla-mexico-tequila/elon-musks-teslaquila-drink-faces-clash-with-mexican-tequila-industry-idUSKCN1NJ023, http://www.realclearlife.com/daily-brief/elon-musk-denied-teslaquila-trademark-tequila-regulatory-council/, http://tsdr.uspto.gov/documentviewer?caseId=sn88146961&docId=RFA20181011080750#docIndex=0&page=1, https://www.cnbc.com/2018/11/08/the-satanic-temple-sues-netflix-warner-bros-for-150-million.html, https://www.irishnews.com/magazine/entertainment/2018/11/09/news/satanists-sue-netflix-and-warner-bros-for-38m-over-statue-in-sabrina-tv-show-1481518/, https://variety.com/2018/biz/news/netflix-satanic-temple-1203023245/. Fax: (202) 371-2540. "I think it's quite possible that the amount of the award will be reduced," Walden said. The Lincoln Project Faces Accusations Of Trademark Infringement; Marvel’s Venom Vs Spyder’s Venom: Industry Giants In TTAB Trademark Case; Beloved ‘The Jetsons’ Dog Astro Is Heading To Trademark Court; DJ Marshmello Faces Off Against L’oreal Over Trademark; Zapier vs. Zoom: Trademark Lawsuit Puts Long Time Partners at Odds; IP Blogs. Lombardo v. Dr. Seuss Enterprises LP: Though known more for its copyright law questions, the case filed by the estate of Dr. Seuss over a raunchy off-Broadway play riffing on "How the Grinch Stole Christmas!" Earlier this month, a federal jury in North Carolina hit Walmart with a $95.5 million verdict for its willful infringement of Variety Stores, Inc.’s “BACKYARD” trademarks. v. Frito-Lay North America Inc.: Snyder's-Lance appealed to a district court in November after TTAB once again ruled that the company's "Pretzel Crisps" is a generic and unregistrable phrase, kicking off a new phase of its seven-year battle with Frito-Lay. Trademark Infringement To establish trademark infringement, a plaintiff must show, among other things, ownership of its trademark and a likelihood of confusion between its and the defendant’s marks. v. Skechers USA Inc., case number 16-35204, in the U.S. Court of Appeals for the Ninth Circuit. PRELIMINARY INSTRUCTIONS . But satisfying that standard is difficult in the context of a trademark case, where the kind of evidence that shows you will eventually win the case on the merits almost inherently overlaps with evidence of irreparable harm. Snyder's-Lance Inc. et al. "Hopefully it will provide further insights into what do you have to come to court with on a preliminary injunction," Rochford said. In trademark infringement cases, plaintiffs have a wider set of remedies available to them, including injunctive relief and monetary damages. In 2013, the Ninth Circuit applied eBay to reverse a preliminary injunction granted in a trademark case filed by the estate of musician Herb Reed, saying a lower court's "cursory and conclusory" look at irreparable harm had lacked "any evidence or showing." Hedi Slimane Takes Kering to Court … Twice. Following a damages trial in 2016, U.S. District Judge Laura Taylor Swain ordered the big-box retailer in August to pay $11.1 million in profits and $8.25 million in punitive damages, an unusually high number for a trademark case. And we may not need to wait long: The case was argued before a panel way back in 2016, so it's about as ripe as they come. NantKwest Inc. v. Matal. The en banc Federal Circuit is geared up to issue a ruling in 2018 on a controversial new policy from the U.S. Patent and Trademark Office: that applicants who appeal to a district court must pay the agency's legal bills regardless of who wins the case. Both the Patent and Lanham acts require applicants who file a de novo appeal to a district court — as opposed to a more streamlined appeal of the record directly to the Federal Circuit — to pay "all expenses" of the proceeding, but the agency had previously only considered that to cover things like experts' fees. "It'll be interesting to see how closely the Second Circuit looks at that." The number of trademarks actively in use across the globe is on the rise, and so, too, is the rate of infringement of those marks, whether they be buzzy brand names and well-known logos or in some cases, the source-identifying appearance of an iconic design, itself. § 1125(a)(1)(A). 2018) Annotate this Case. One thing to watch? This was an increase from the 81% of brands that reported trademark infringement in 2018 and 74% of brands that reported trademark infringement in 2017. Tiffany & Co. v. Costco Wholesale Corp. We’ve all have read corporate scandals in the business world that may seem exaggerated. 2018 SCC OnLine Bom 46 44-46 8. The Top 10 Biggest Trademark Disputes of 2018, The Top 10 Trademark Battles That Swept 2017, From Wooing to Suing: How Sexual Harassment Could Land Your Law Firm in Hot Water. Case 2: Fila Sports Co v Zhejiang Zhongyuan Shoes Co, et al, a trademark infringement dispute ([2018] Jing Min Shen No. --Editing by Katherine Rautenberg and Alanna Weissman. “To demonstrate willful infringement, a party only needs to show “a connection … The company believed those elements combined to form trade dress that's protected by the Lanham Act, but the U.S. International Trade Commission rejected that argument in 2016. In this case, the Delhi High Court delved into the law of acquiescence. Walmart, Skechers and New Balance, meanwhile, urged the appeals court to uphold the ruling. Registrar Of Trademarks & Ors. © 2020 Sterne, Kessler, Goldstein & Fox P.L.L.C. UK Drops Controversial Clauses from Internal Market Bill, Diversity and Inclusion: How Law Firms Stack Up, Ninth Circuit Rejects Permit for Arctic Oil-Drilling Project, div#side-jobs-widget br {display: none;}div#side-jobs-widget strong{display:Block;}.slj-job.slj-job-sidebar{margin:0 0 25px;}. First ever fast track full trial decision on “Standard Essential Patent” provided much needed clarity: … 2017), cert. 15 U.S.C. Here are big the cases you need to watch, and why. "But in this trademark case, the question is whether any alleged third-party uses impacted secondary meaning in the minds of relevant consumers, not what 'prior art' products were in the market 50 years ago." 10.5 Trademark Dilution 10.6 Trademark … 16-35204 (9th Cir. The judge overseeing the case granted Adidas a preliminary injunction in early 2016, relying heavily on the idea that confusion would harm Adidas' careful efforts to keep the Stan Smith exclusive. According to research from CompuMark, 85% of the brands that were surveyed reported that they had experienced some form of trademark infringement in 2019. Therefore, we’ve crammed three in one here. NantKwest Inc. v. Matal "It really puts the burden on applicants to develop that TTAB record," said Monica Riva Talley, who runs the trademark practice at Sterne Kessler Goldstein & Fox PLLC. Oftentimes a trademark may be more valuable than the actual products associated with it as the products may have become quite generic. The case was retried in front of a jury in October 2018 and the jury found that Walmart willfully infringed Variety Stores’ THE BACKYARD trademark. In 2018, … If the full court eventually strikes down the USPTO’s approach, it would be splitting with the Fourth Circuit, which endorsed the fees-no-matter-what policy in a separate case in 2015. Adidas, of course, sees things differently, saying it offered plenty of hard evidence to satisfy the Ninth Circuit's Herb Reed standard. © 2020 Lawyer Monthly - All Rights Reserved. Delhi HC: Delay Simpliciter is no Defence in Trademark Infringement Suit. Time Inc is said to have started using the trademark ‘FORTUNE’ in the 1930s in the US and has obtained registration in India in 1978. Hi, I'm Oliver, the Editor for our Online Content. Apple have been through a lot in recent year, and 2017 was a good year for Apple lawsuits. "But for smaller companies, where it's maybe doubling their outlay, I'm sure it will cause many to not pursue cases where they otherwise would have." "They could argue that this imputation didn't really take place in any kind of scientific way that you often see in damages analysis," said Richard Rochford, co-head of the trademark practice at Haynes and Boone LLP. PatentlyO The yearslong case filed by Tiffany & Co. against Costco Wholesale Corp. over the unauthorized use of "Tiffany" on signage for diamond engagement rings will finally shift to the Second Circuit in 2018. The Most Famous Trademark Infringement Cases in USA 2019. 2d at 839 (no willfulness test applied to “profits-as-proxy” theory, but willfulness was applied for equitable disgorgement). Converse Inc. v. ITC The case is Converse Inc. v. ITC, case number 16-2497, in the U.S. Court of Appeals for the Federal Circuit. Patents are limited-duration rights associated with an invention. In June, a three-judge Federal Circuit panel rejected various challenges to the policy in a case involving drugmaker NantKwest, like the argument that it violates the so-called "American rule" against fee-shifting. It's one thing to say more than that must be shown; it's another thing to figure out what that is. From the UK’s Supreme Court FRAND decision, to the first case over connected cars in Germany, and patents for pioneering scientific breakthroughs – this year, European patent law firms have not been short of work. "The court grounded its holding in evidence showing: Adidas has invested heavily in its marks and related brand image; infringement by Skechers — a lower-end value brand and direct competitor — is likely to impair Adidas' premium quality reputation, and Skechers' flooding of the market with imitation products will likely impair Adidas' ability to control the supply of its iconic footwear," the sneaker giant wrote. In April, a Paris Commercial Court ordered Kering to … The case is NantKwest Inc. v. Matal, case number 16-1794, in the U.S. Court of Appeals for the Federal Circuit. Time for a David and Goliath story, with a sting in its tail. BOSTON, MA: January 30, 2019 – Eight in 10 companies experienced trademark infringement in 2018, up from 74% in 2017. Parties that seek to use trademarks in creative ways would be well advised to consider its facts when determining whether to proceed or risk legal exposure. Now the case moves into further proceedings to determine Variety Stores’ monetary compensation. will pose interesting questions for the Second Circuit over trademark law, too. : Delay Simpliciter is no Defence in trademark research and Protection trademark infringement cases 2018 over, of course it one. ) 371-2600 Fax: ( 202 ) 371-2600 Fax: ( 202 371-2540. The Delhi High Court delved into the law of acquiescence that would result. the the Trade dress for Federal. 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