affirmative defenses in trademark infringement

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

nominative use

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

Jack Daniels Files Trade Dress Lawsuit Against Competitor

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… READ MORE

Customs and Border Patrol and Trademark Infringement

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

Beer Trademark Infringement: Magic Hat v. West Sixth

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… READ MORE

Keyword Advertising Infringement Lawsuits: Recent Updates

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

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