The Northern District of California distinguished “exceptional” cases under the Trademark Act (meriting an award of legal fees) from cases in which arguments were made in good faith, but simply failed. The complaint in Blue Bottle Coffee v. Southern Technologies was dismissed. The case then centered around the defendant’s trying to get attorney’s fees from…
The Trademark Office is increasing its filing fees and adding some new ones. At Kaufman and Kahn, we generally let people know many months before their renewals are due — but now is the time to file any new application or to file any fifth-year or 10th-year renewals if they are ripe for renewal. (A…
The Second Circuit recently reversed a district court opinion that cited the plaintiff’s history as an active litigant as a reason to side step the Second Circuit’s discovery rule in Michael Grecco Productions v. RADesign et al. Grecco is an accomplished photographer who has enforced his rights prolifically in federal courts. In copyright infringement cases,…
The Trademark Trial and Appeals Board (TTAB) recently had one of its decisions reversed by the DC Circuit. Bureau National Interprofessionnel du Cognac [“Cognac Institute”] v. Cologne and Cogac Entertainment centered on the plaintiff’s opposition to the defendant’s mark COLOGNE AND COGNAC ENTERTAINMENT. Certification marks have the same protections as trademarks. The opposers, the Cognac…
George Santos v. James C. Kimmel et al was a case in the Southern District of New York that pitted a cultural pariah against a popular late-night host. At issue was Jimmy Kimmel tricking Santos into making ridiculous videos Santos posted on the website “Cameo,” which Kimmel then posted on his show. Former Congressman George…
Kelly Toys Holdings v. Build-A-Bear Workshop is an ongoing case involving a smaller toy company suing the legendary Build-A-Bear. Kelly Toys manufactures and distributes its own plush toys called SQUISHMALLOWS, and Build-A-Bear sells things called SKOOSHERZ. But this wasn’t a trademark infringement case. Rather, the plaintiff alleged that it has a protectable trade dress and that it…
In X Corp v. Bright Data LTD, X Corp, formerly known as Twitter, sought to put an end to the practice of “scraping” by a company called Bright Data. (A scraper requests and retrieves information without manually browsing pages, often for tailored reasons.) The Northern District of California dismissed the case, finding that X failed…
McDonald’s made an unforced error at the European Union Intellectual Property Office, or EUIPO, and the blow came from a frequent adversary. Supermacs is Ireland’s largest restaurant chain and chief rival to McDonald’s. The two have met in court numerous times, with McDonald’s losing twice in recent memory. In 2019, McDonald’s was defeated by an…
The Supreme Court recently handed down a decision in Warner Chappell v. Nealy that some practitioners view as disappointing. We wrote about the underlying 11th Circuit case a year ago. Nealy was incarcerated during the time period when some of the songs he had co-produced were infringed. He claimed that because he was deprived of access…
Great Concepts vs. Chutter is a case from the Federal Circuit that addressed the extent to which fraud at the Trademark Office can be punished in connection with a particular kind of application. The Federal Circuit ultimately reviewed and reversed the Trademark Trial and Appeal Board’s long-standing practice of canceling trademarks when a renewal application…