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…
Sepi v. Netflix et al. was a case in the Western District of Oklahoma that brought the much reviled/loved reality show star Joe Exotic into the national spotlight. The suit against the “Tiger King” was brought by a videographer challenging his work-made-for-hire agreement with Exotic. (Really, the judges refer to him by that name). Sepi…
Rolex Watch v. BeckerTime was a case out of the Fifth Circuit that concerned the difference between the restoration and the customization of Rolex watches. Although the District Court for the Northern District of Texas had ruled in favor of Rolex, Rolex appealed, hoping to get more damages. BeckerTime is a company in the business…
In Re: Chestek is an unfortunate decision in the Federal Circuit addressing what at first blush is another boring regulation. However, it concerns a rule change that many practitioners worry could mean life or death, and arguably was promulgated in a manner that didn’t allow for proper notice and comment by the public. For decades,…
In July 2023, the U.S. Supreme Court reached a decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC that received a lot of attention for a number of reasons, bad puns being among them. The case concerned squeaky dog toys that recall several well-known brands of alcoholic beverages. VIP sold a series of dog…
In Thumbtack v. Liaison, plaintiff sued for copyright infringement and trade dress infringement for allegedly copying its website. The Northern District of California granted in part the motion to dismiss, because many of the plaintiff’s claims were too vague to address. The court pointed to things in Thumbtack’s exhibits, like circling part of an exhibit without…