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...
Content By Robert Zulandt
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...
License to Infringe? Penn State Roars Over Apparel Manufacturer’s Use of Trademarks Without Permission
Collegiate merchandise licensing is a thriving and lucrative business generated by the immense popularity and widespread support for college sports teams and institutions. Universities and colleges have devoted fan bases comprising of alumni, students and supporters...
Pulling the “For Sale” Sign: Federal Judiciary Attempts to Curb Judge Shopping
Venue shopping is as American as apple pie. Litigants have long endeavored to select advantageous courts in jurisdictions with favorable laws, procedures, or jury pools to maximize their chances of success. Even so, filing a case in a particular venue would normally...