Overturning a lower court decision, the Second Circuit determined, in Kelly-Brown v. Winfrey, that Oprah must defend a trademark infringement lawsuit despite her argument that the trademark fair use doctrine shielded her production company’s use of the slogan “Own Your Power” in connection with its publications and other media offerings.

The burden of showing fraud in a trademark filing is ever-evolving but always high. A similarly high standard applies when it comes to meeting the “exceptional case” requirement for an award of attorneys’ fees for the prevailing party. Nevertheless, some cases involve such obvious wrongdoing that the burdens can be met before discovery even opens.

Luxury fashion brand Tory Burch scored a victory in the Northern District of Illinois Eastern Division, as the court granted its motions for a temporary restraining order, domain name transfer order and other relief against a syndicate of Chinese counterfeiters selling counterfeit goods across the internet. The unnamed defendants were using hundreds of interactive websites

On January 23, 2013, the District Court for the Northern District of Iowa, in Scorpiniti v. Fox Television Studios, Inc., rejected a trademark infringement claim made by Louis Scorpiniti (“Scorpiniti”) against Fox Television Studios, Inc., (“FTVS”) finding that viewers would not be likely to confuse Scorpiniti’s religion-themed music program The Gate with FTVS’s nearly identically

In DC Comics v. Towle, 2013 WL 541430, __ F. Supp. 2d __ (C.D. Cal. Feb. 7, 2013) (“Towle”), the U.S. District Court for the Central District of California found that a vendor of car kits and customization accessories modeled after the famous Batmobile vehicle from the Batman comics, TV shows and movies infringed on

This is part four of the CDAS Trademark Law Basics series. If you missed the previous installments, they are available at the following links: Part 1, Why Register a Trademark?, Part 2: Why Conduct a Trademark Search?, and Part 3: What to Expect During the Trademark Prosecution Process. A trademark can be a word, logo,

This is part three of the CDAS Trademark Law Basics series. If you missed the previous installments, they are available at the following links: Part 1, Why Register a Trademark?, and Part 2: Why Conduct a Trademark Search? The process of trademark prosecution involves you and your trademark attorney filing an application with the United

This is part two of the CDAS Trademark Law Basics series. If you missed the previous installment, it is available here: Part 1, Why Register a Trademark?,  Many small businesses apply to register without advice from an attorney. This is perfectly legal, but can be more costly than you think: the fees and costs associated

Welcome to the first part of the CDAS “Trademark Law Basics” series. Over the next month, CDAS attorneys will be explaining the legal and practical basics of trademarks on our IP, Media and Entertainment Law blog. We will also curate the entire series on the CDAS Trademark and Brands Practice Group page. Just like your

In a rare decision involving trademark matters, the U.S. Supreme Court issued a decision in Already, LLC v. Nike Inc., a ruling that will likely impact disputes both inside and outside the trademark arena. The holding, which found that a defendant no longer had standing to cancel a trademark registration that the owner had asserted