Perspectives on Trademark & Unfair Competition Litigation

ArentFox Schiff has been recognized with 53 top rankings in the 2023 edition of US News – Best Lawyers® “Best Law Firms.”

The 2020 edition of Legal 500 US has rated 43 Arent Fox LLP attorneys as national leaders in their field. In addition, 14 of the firm’s practice areas were ranked among the best in the country.

The 2018 edition of Legal 500 US has rated 50 Arent Fox LLP attorneys as national leaders in their field. In addition, 18 of the firm’s practice areas were ranked among the best in the country, including new recognition for the firm’s Trademark Litigation and White Collar groups.

Not only do decisions from the Trademark Trial and Appeal Board now, in some circumstances, have a preclusive effect on federal litigation, the US District Court for the District of Delaware recently granted a motion to stay a federal court action pending the outcome of a TTAB proceeding.

Court has granted partial summary judgment in a trade dress infringement and unfair competition case involving alleged knock-off bottle.

In a ceremony hosted on March 15, 2018 in New York City, Arent Fox LLP was named Managing Intellectual Property’s Trademark Prosecution Firm of the Year for the Northeast region.

Arent Fox LLP’s Trademark practice has been recognized as one of the best in the country by World Trademark Review.

The US Court of Appeals ruled that Lanham Act’s statutory ban on “immoral or scandalous” trademarks violates the First Amendment and is thus unconstitutional.

On June 17, 2017, the Supreme Court struck down the disparagement clause of Section 2(a) of the Lanham Act on the grounds that it violates the First Amendment of the Constitution. Matal v. Tam, 582 U.S. ____ (2017). 

An Illinois federal court recently awarded the Canadian retailer Moose Knuckles a $52 million default judgment related to claims of trademark infringement, counterfeiting, and cybersquatting by 26 Chinese defendants.

In a non-precedential ruling, the Trademark Trial and Appeal Board (TTAB or Board) held that the mark 100 PERCENT WINE for wine is likely to be confused with CENTO PER CENTO for wine in light of a likelihood of confusion analysis which included applying the doctrine of foreign equivalents.

Arent Fox LLP’s Trademark practice has been recognized as one of the best in the country by World Trademark Review.

The producer of popular Netflix television series “House of Cards” has been sued in federal court on claims of trademark infringement for its use of the trademark HOUSE OF CARDS.

Costco is defending a trademark infringement lawsuit over its sale of Anne Cole swimwear, an iconic line of women’s swimwear that has been sold in the US for over 30 years.

In an opinion of potentially sweeping effect, the Court of Appeals for the Federal Circuit recently held that a key provision of the Lanham Act was unconstitutional under the First Amendment.

A federal judge in the Southern District of Ohio recently issued a temporary restraining order in a dispute between the National Association for the Advancement of Colored People (NAACP) and former members of the now-inactive NAACP, Cincinnati Branch (“the Cincinnati Branch”).

Law360 recently quoted Fashion Law leader Tony Lupo after Michael Kors joined several other luxury fashion companies in taking a new step in fighting widespread counterfeiting by targeting landlords who facilitate the trademark infringement.

A federal judge in the Eastern District of Virginia recently upheld the Trademark Trial and Appeal Board’s (TTAB) decision to cancel six trademark registrations held by Pro Football, Inc. related to the Washington Redskins football team.

The Court of Appeals for the Federal Circuit (Federal Circuit) recently reversed the Trademark Trial and Appeal Board’s (Board) refusal to register the mark PRETZEL CRISPS on the grounds that the mark is generic for pretzel crackers.

Macy’s is currently engaged in litigation to regain ownership of multiple trademarks associated with Macy’s-owned department stores that are no longer in use.

Arent Fox LLP secured a summary judgment on behalf of the sportswear manufacturer Fila against a website that was cybersquatting.

The French luxury goods conglomerate LVMH Moët Hennessy Louis Vuitton S.A. (LVMH) recently settled its long-running court battle with eBay, Inc. over the online auction website’s alleged distribution of counterfeit luxury goods.

Arent Fox LLP filed suit on behalf of Italian clothing company Diesel S.p.A. against 83 websites that are cybersquatting.

Keds filed suit against Vans in 2014 for trademark infringement, unfair competition, trademark dilution, and breach of contract.

Converse Inc. recently sued a competitor, Autonomie Project, Inc., for willfully infringing Converse’s famous Chuck Taylor All Star shoes.