The U.S. Patent and Trademark Office (USPTO) has suspended action on pending applications for trademarks that are critical of public or government officials. The suspension will remain in effect until the U.S. Supreme Court can weigh in on the issue. The USPTO guidance can be found here. » Read More

The jury verdict in favor of Thom Browne, Inc., for its signature “four bars” design has been widely reported and commented on. But what makes this case so interesting? adidas filed suit against Thom Browne in 2021, claiming the designer’s use of stripes on his casual and athletic wear were infringing adidas’ famous three-stripe trademark, which adidas has used since the 1950s (and on sportswear since 1967). » Read More

In September of this year, T.W. Garner Food Co., maker of the Texas Pete line of products including its well-known hot sauce, was sued by Phillip White, a consumer who alleges he was misled by the product name. According to the class action lawsuit filed in the United States District Court for the Central District of California, White purchased the hot sauce in September 2021 for $3.00 and, in making his decision, relied upon the language and images on the front label of the product, believing the product to be a Texas product. » Read More

In July of this year, Puma SE and Puma North America Inc. (“Puma”), known for their athletic wear and footwear, sued rival Brooks Sports, Inc. (“Brooks”), for trademark infringement, patent infringement, and unfair competition. Puma seeks in this lawsuit, among other relief, to enjoin Brooks from using Puma’s NITRO trademark. » Read More

Following a jury trial, the Southern District of New York has issued a permanent injunction against W.J. Deutsch & Sons Ltd. d/b/a Deutsch Family Wine & Spirits, the maker of REDEMPTION whiskey, requiring the company to redesign the packaging.

This ruling stems from a complaint filed by Diageo North America, Inc., » Read More

Online gaming giant Roblox Corporation files suit against WowWee Group over its launch of physical dolls that imitate Roblox avatars and its collaboration with a Roblox developer, Gamefam, to create an experience for the platform called “My Avastars: RP”. The Roblox platform allows users to design avatars, which are digital manifestations of the users who visit the platform. » Read More

A popular online dating site has come under scrutiny by the U.S. Federal Trade Commission (FTC), which has been investigating the company’s privacy-related practices. Most recently, the FTC filed a petition against Match Group, Inc., seeking judicial intervention to require Match to comply with the FTC’s March 2020 civil investigative demand (“CID”). » Read More

The ongoing rivalry between Adidas and Nike hit a new milestone this week when Adidas filed its first federal lawsuit against Nike. The lawsuit was filed in East Texas federal court with Adidas alleging Nike infringed on nine of its patents related to smartphone apps and adjustable shoe tech. » Read More

The Trademark Trial and Appeal Board (“Board”) recently considered an application by Ali Ansari, who sought to register the mark TEXAS TWO STEP for distilled spirits. The application was opposed by the Texas State Lottery Commission, which asserted a likelihood of confusion and likelihood of dilution by tarnishment with its registered marks TEXAS TWO STEP and TEXAS TWO STEP TEXAS LOTTERY and design for lottery services. » Read More

The Trademark Trial and Appeal Board (“Board”) invoked the doctrine of “foreign equivalents” in refusing registration for LE CHOCOLAT DES ILES (with design) based on a likelihood of confusion with the mark ISLAND CHOCOLATES. Both marks covered chocolate candy. The Board’s opinion can be found here. » Read More