A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her “vibe,” – specifically her “clean girl” aesthetic...
Content By Antonio Dempsey
Drink Wars: Prime Hydration and MÁS+ BY MESSI Clash Over Trade Dress
A lawsuit filed in a New York federal court has initiated a dispute between Mark Anthony, the owner of popular beverage brands like White Claw and Mike's Hard Lemonade, and Prime Hydration, a hydration drink company founded by social media sensations Logan Paul and...
Supreme Court Review of Trademark Infringement and Corporate Separateness under the Lanham Act
The US Supreme Court granted certiorari to review the 4th Circuit's damages ruling in Dewberry Engineers v. Dewberry Group, which offers a unique examination of corporate separateness and the protection of trademarks under the Lanham Act, particularly in the context...
Amazon’s Control over eCommerce: Impact on Sellers, Consumers, and Manufacturers
In the world of ecommerce, Amazon commands a considerable share of online retail transactions. Its dominance influences pricing strategies and market dynamics across the virtual storefront industry. This unparalleled market position gives Amazon significant leverage...
Someone is Watching You: The Complexities of Personal Jurisdiction in the Digital Age
The internet, characterized by its borderless nature, has introduced significant challenges to the traditional concepts of personal jurisdiction in federal courts. This issue was recently highlighted in the First Circuit Federal Appeals Court, where, after a Motion to...
The Perils of Not Awarding Profits in Lanham Act Cases Against Counterfeiters
The wild west of the e-commerce landscape keeps many trademark owners up at night trying to protect their brand. In the ever-expanding online marketplace, counterfeiters pop-up daily trying to make a quick buck passing off inferior products as strong household brand...
Battling Brands: The Fight For Trademark Territory
In a David vs. Goliath-esque legal saga, Rogue Fitness (ROGUE), a well-known workout products company, finds itself embroiled in a trademark dispute against Rogue Ridge LLC (Rogue Ridge), a mountain bike seller. At the heart of the matter lies the use of the term...
Unpacking Fair Use: A Legal Battle Between Sculptors and Photographers in the NFL
Earlier this year, a rare case of copyright infringement was brought against the National Football League (NFL) and the Detroit Lions over a statue of Hall of Fame player Barry Sanders. The case, filed in January in New York federal court by photographer Allen Kee,...
Is Famous Whiskey Really Famous? Exploring Brand Recognition, Trademark Dilution & Fame
Is the dripping wax seal of Maker's Mark famous? What about the Texas Longhorn Football logo – surely that's famous, isn't it? While many would say those are famous and indelible American symbols, in the area of trademark law, specifically trademark dilution, there is...
Can an Ohio Judge Tell You How Fast You Must Try Your Case?
Your partner's battle with cancer came to a tragic end, a struggle intensified by their persistent cigarette smoking. Despite your repeated pleas for them to quit, the addiction proved too strong. . A lawyer was consulted, and they agreed to take the case; your spouse...