Affirmative Defenses in Trademark Infringement

Affirmative Defenses in Trademark Infringement Affirmative defenses in trademark infringement cases is an excuse for the conduct of a potential trademark infringer, which would allow continued use of the mark. There are two affirmative defenses to trademark infringement: fair use and parody. Fair Use Defense A fair use defense in trademark law applies when a… READ MORE

Split Circuit: Nominative Use or Trademark Infringement?

What is Nominative Use? What is nominative use? When most people need to blow their nose they will ask for a Kleenex. Most people do not realize that what they are actually asking for is a certain brand of face tissue. However, many people equate Kleenex with all face tissue regardless of the brand. This… READ MORE

What’s up with the M22 trademark? John DiGiacomo explains trademark law, and how M22 can trademark a sign that’s in the public domain. For more information about trademark services or how Revision Legal can assist with your trademark issue, please use the contact form on this page, or call us at 1-855-473-8474.

The Court Giveth, and the Court Taketh Away (Almost $4 million, that is) In a recent opinion, the Fourth Circuit issued a verdict that reversed in part heavy damages leveled against a paper-towel producer accused of trademark infringement by a paper-towel-dispenser manufacturer. An inflated, original damages award nearing five-million dollars was reduced down to under… READ MORE

In Beer Trademark Infringement Row, Two Breweries Go At It

An interesting 24 hours for Tony Magee saw the Lagunitas Brewing Company founder file a trademark infringement lawsuit in federal court, catch some flack via social media regarding the validity and motivations of the suit, and eventually announce via Twitter that the suit would be pulled. Apparently the court of public opinion delivered a strong… READ MORE

Disney has filed a trademark infringement lawsuit against Phase 4 Films, creator of the upcoming film “Frozen Land.” Disney claims that Phase 4 Films named the film “Frozen Land” to trade off of Disney’s popular film, and Oscar contender, “Frozen.” Though the film was previously released under the title “The Legend of Sarlia,” Disney contends… READ MORE

Large-scale whiskey distillery, Jack Daniel’s, has filed a trade dress lawsuit against a small whiskey distillery, Popcorn Sutton’s Tennessee White Whiskey (“Sutton”), claiming Sutton’s bottling and labeling is “confusingly similar” to the easily acknowledged Jack Daniel’s packaging. At their start, Sutton Whiskey was produced in mason jars to pay homage to its white whiskey founder,… READ MORE

The United States Customs and Border Protection (“CBP”), a division of the U.S. Department of Homeland Security, has increasingly heightened its focus on goods imported into the U.S. that infringe copyrighted works and trademarks. CBP, an administrative agency with law enforcement powers, has the authority to carry out searches, seizures, and arrests, and additionally, the… READ MORE

What happens when you turn a “#9” upside down?  You get a “6”!  And a lawsuit for trademark infringement!  According to Vermont-based brewery, Magic Hat, the use of a “6” inside of a circle by the Kentucky-based West Sixth Brewery creates a likelihood of confusion under the trademark infringement test. Magic Hat was founded in… READ MORE

We all know internet marketing has expanded in popularity in recent years.  While consumers may praise the ability to buy nearly anything from their living room, the new online marketing arena has also raised significant questions in intellectual property law over what online businesses can use to advertise.  As one example, competitive keyword advertising is… READ MORE