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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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Supreme Court Limits Lanham Act’s Extraterritorial Application

In a recent milestone ruling, SCOTUS held that the Lanham Act cannot be invoked as a remedy for instances of trademark infringement that transpire exclusively beyond the borders of the United States. In a recent milestone ruling, the U.S. Supreme Court held in Abitron Austria GmbH, et al. v. Hetronic International, Inc (“Abitron”) that the Lanham […]

Author: Michael J. Sheppeard

August 23, 2023

Claim Preclusion Leads to Early Win in Trademark Suit

Could Prior TTAB Decisions Come Back to Haunt You? Claim Preclusion Leads to Early Win in Trademark Suit Over Diesel Marks The apparel and lifestyle brand Diesel recently won summary judgment on its trademark infringement and dilution claims against Diesel Power Gear LLC (“DPG”), a company featured on the Discovery Channel reality TV show Diesel […]

Author: Michael J. Sheppeard

November 8, 2022

Trademark Infringement

Fortnite Creators Dance Around IP Suit Over Running Man

The makers of the popular Fortnite video game are doing the “happy” dance after a Maryland federal judge dismissed an intellectual property lawsuit… The makers of the popular Fortnite video game are doing the “happy” dance after a Maryland federal judge dismissed an intellectual property lawsuit alleging that Epic Games illegally copied the “Running Man” […]

Author: David A. Einhorn

June 29, 2020

SCOTUS Rules Willful Trademark Infringement Not Required to Recover Profits

Following a unanimous SCOTUS decision, trademark infringement cases just got a little more costly Trademark infringement cases just got a little more costly. In a unanimous decision, the U.S. Supreme Court held that a plaintiff doesn’t have to show willful trademark infringement by the defendant to obtain an award of profits. Circuit Split Over Profit […]

Author: Scarinci Hollenbeck, LLC

May 4, 2020

Trademark Infringement

Are you doing enough to defend your trademark?

Trademark Infringement is on the Rise – Are You Doing Enough to Protect Your Mark? According to a new report, trademark infringement is on the rise. CompuMark’s latest research found that there has been a 15 percent increase in trademark infringement over the past two years. Spike in Trademark Infringement CompuMark’s annual report, The Trademark […]

Author: Scarinci Hollenbeck, LLC

March 11, 2020

Trademark Infringement

Protecting Your Businesses from Unintended Website Liability

In the Digital Age, It Is Important For Businesses To Make Sure Their Online Presence Won’t Lead To Unintended Website Liability In the digital age, even most small businesses have a website. Whether you use your website to sell products or simply advertise your services, it is important to make sure that your online presence […]

Author: David A. Einhorn

February 2, 2018

Costco Must Pay Tiffany $19 Million In Counterfeit Ring Lawsuit

Judge Rules Costco Must Pay Tiffany $19 Million in Counterfeit Ring Lawsuit U.S. District Judge Laura Taylor Swain ruled that Costco Wholesale Corp. must pay more than $19 million for infringing trademarks owned by Tiffany & Co following a counterfeit ring lawsuit. The judgement includes $11.1 million plus interest, which is three times Tiffany’s lost […]

Author: Brent "Giles" Davis

August 31, 2017

Trademark Infringement

Google Trademark Survives Genericide Claim

Google Trademark Protected in Elliot v. Google Inc. Many people use the phrase “Google it” to refer to the broader act of searching the Internet. Nonetheless, the Ninth Circuit Court of Appeals recently held in Elliot v. Google Inc. that the Google trademark should not be canceled on the ground that it has become generic for […]

Author: David A. Einhorn

July 13, 2017

Trademark Infringement

Tiffany & Co. Wins Punitive Damages in New York Trademark Infringement Suit

Tiffany & Co. Wins Big in New York Trademark Infringement Suit Costco Wholesale Corp. will pay more than $13 million in damages for infringing trademarks held by Tiffany & Co. Relying on New York’s State laws governing unfair competition and deceptive acts, a federal jury awarded the jewelry company $8.25 million in punitive damages for […]

Author: Shane I. Birnbaum

January 24, 2017

The Redskins Continue to Fight for the Trademark Use of its Brand

Recently, the Supreme Court rejected an appeal from the NFL’s Washington Redskins to reverse a ruling that canceled the team’s trademarks. According to Yahoo Sports, the U.S. Patent and Trademark Office ruled the Redskins’ registered trademark images were to be canceled because they violated Section 2(a) of the Lanham Trademark Act of 1946 which states […]

Author: Anthony R. Caruso

December 20, 2016

Boston Founder Loses Trademark Battle of the Bands

How Did Boston Lose a Long-Running Trademark Infringement Suit? Rock band Boston recently lost its long-running trademark infringement suit against former guitarist Barry Goudreau. Boston founder, Tom Scholz, sued Goudreau for using the term “original” member of the band instead of “former” in promotion and advertising related to the guitarist’s new band, Ernie and The […]

Author: Shane I. Birnbaum

December 7, 2016

$8 Million Guitar Counterfeiting Claim Dismissed

UK Guitar Maker John Hornby Skewes & Co., Ltd. has been granted summary judgment dismissing an $8 million guitar counterfeiting claim brought against it by Gibson Brands, Inc. Lyndhurst, NJ – October 20, 2016 – Scarinci Hollenbeck intellectual property attorneys Ronald S. Bienstock and Brent “Giles” Davis secured a major victory in a trademark infringement […]

Author: Scarinci Hollenbeck, LLC

October 20, 2016

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