From Cute to Criminal: The Counterfeit Labubu Crisis in the United States
In the world of designer toys, few characters have captured hearts, and consumer sales, quite like Labubu. Created by artist Kasing Lung, and popularized by Chinese company Pop Mart, Labubu...
No URLs, No Liability: Court Finds Online Marketplace Not Liable for Contributory Infringement
MICROTECH KNIVES, INC. v. OUTDOORS ONLINE, LLC AND JON JANECEK Before: The Honorable Victoria Marie Calvert Summary: The district court granted summary judgment to defendant, an online marketplace accused of...
Will the Bankruptcy of “Forever 21” Strengthen IP Rights?
For the second time since its founding in 1984, the fast-fashion movement leader, Forever 21, has filed for bankruptcy and is expected to close its over 350 U.S. locations and...
Not Clear Enough: The TTAB’s Standard for the Registrability of All-Purpose Word Marks Lacked Clarity
IN RE: ERIK BRUNETTI Before Lourie, Dyk, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: The Federal Circuit vacated and remanded a decision of the Trademark Trial and...
3-2-1 Blast Off: US Space Force Trademark Dispute Aims for the Supreme Court
The trademark attorney Thomas D. Foster has found himself in ongoing legal star wars to register US SPACE FORCE as his personal trademark covering coins, jewelry, watches, license plate holders,...
One Name, Two Claims: Prince’s Estate and Apollonia Clash Over Trademark Rights
Bono, Madonna, Beyoncé, Rihanna, Eminem, Drake, Cher, Sting, Lorde, Flea, Adele, Bjork, Seal, Pink: these celebrities all share the same elite status of fame to be known by a single...
Sunkist Squeezes Out a Win and Kisses Kist Goodbye!
SUNKIST GROWERS, INC. v. INTRASTATE DISTRIBUTORS, INC. Before Prost, Taranto, and Stark. Appeal from the Trademark Trial and Appeal Board. Summary: The TTAB incorrectly found that similar trademarks created distinct commercial...
Coloring Within the Lines: The Genericness Test for Color Trademarks
IN RE: PT MEDISAFE TECHNOLOGIES Before Prost, Clevenger, and Stark. Appeal from the Trademark Trial and Appeal Board. Summary: A proposed color mark was found generic where the relevant public...
Deckers Kicks Off Trade Dress Battle Against Costco and CVS Over UGG Lookalikes
On May 8, Deckers Outdoor Corporation (“Deckers”), owner of the intellectual property rights for brands including UGG, Teva, Hoka, and Ahnu, filed two separate lawsuits in the U.S. District Court...
Fashion’s New Powerhouse: IP Lessons from Prada’s $1.375 Billion Versace Deal
On April 10, 2025, Italian fashion house Prada announced its acquisition of Versace from Capri Holdings for $1.375 billion, uniting two of Italy’s most iconic luxury brands. Though financial implications...
German Sandals Follow the Functional Footsteps of U.S. Cheerleader Uniform Shape
In a recent decision, Germany’s Federal Court of Justice held that Birkenstock’s sandal design was not eligible for copyright protection. The court held that Birkenstock sandals did not display sufficient creativity...
The Votes Are In: Highly Descriptive Marks Are Difficult to Protect
HERITAGE ALLIANCE V. AMERICAN POLICY ROUNDTABLE Before Prost, Taranto, and Stark. Appeal from the Trademark Trial and Appeal Board. Summary: Continuous-use evidence is not necessarily prima facie evidence of acquired...
Fireball Frenzy: When First Registering a Mark, Genericness of a Mark Is Determined at the Time of Registration
BULLSHINE DISTILLERY LLC v. SAZERAC BRANDS, LLC Before Moore, Reyna and Taranto. Appeal from the Trademark Trial and Appeal Board. Summary: In assessing genericness, the TTAB considers how the mark...
Traffix Jam – Technical Functionality Prevents Trademark Protection for the Color Pink
CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC Before Lourie, Taranto, and Stark. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: A utility patent may...
Zoned Out: The Zone of Natural Expansion Doctrine Can Only Be Used Defensively
DOLLAR FINANCIAL GROUP, INC. v. BRITTEX FINANCIAL, INC. [OPINION] Before Prost, Taranto, and Hughes. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: The...
Falsely Claiming Patent Protection May Violate the Lanham Act
CROCS, INC. v. EFFERVESCENT, INC.
Before Reyna, Cunningham and Albright. Appeal from the United States District Court for the District of Colorado.
Summary: A claim that an unpatented product feature is “patented,” “proprietary,” or “exclusive” may violate Section 43(a)(1)(B) of the Lanham Act.
FTC Cracks Down on Deceptive Marketing: Old Southern Brass Faces Consequences for False Claims on “Made in USA” and Military Association
The Federal Trade Commission is cracking down on Florida-based EXOTOUSA LLC d/b/a Old Southern Brass and its owner (collectively, “OSB”) for deceptive claims regarding the origin of its products and its alleged financial donations to military causes. OSB advertised that its products, including glassware, mugs, pens, and other novelty items, were made entirely in the U.S. by displaying statements on its product listings such as “100% American made,” “made right here in the United States of America,” and “100% USA made.” OSB also purported to be veteran-operated and pledged to donate 10% of its sales to military charities. The FTC’s order, finalized in January 2024, found those claims inaccurate, halted the deceptive practices, and imposed a monetary judgment against OSB.
A Discussion With Amazon Counterfeit Crimes Unit’s Joe Wheatley: How Amazon Finds Bad Actors and Removes Counterfeit Products
In this inaugural episode of the Knobbe IP+ podcast, Knobbe Martens partner Greg Phillips speaks with Joe Wheatley, Senior Counsel, Amazon Counterfeit Crimes Unit, about how the Counterfeit Crimes Unit...
FTC Warns Trade Associations and Influencers of Not-So-Sweet Penalties for Failing to Sufficiently Disclose Sponsorship of Aspartame and Sugar Products
Social media and influencer marketing is now critical for business promotion. However, organizations and influencers that misrepresent, fail to disclose, or include inadequate disclosures regarding their sponsorship or connection to social media content risk attention from the FTC and civil penalties of up to $50,120 per violation. Following revision of its Endorsement Guides in June, the FTC has continued to focus on influencer marketing, including recently in the area of health and safety.
Proving Reputational Injury Without Use of the Marks in the United States
MEENAXI ENTERPRISE, INC. v. THE COCA-COLA COMPANY
Before Dyk, Reyna, and Stoll. Appeal from the Trademark Trial and Appeal Board.
Summary: To maintain a statutory cause of action under the Lanham Act for activities solely conducted outside the United States, the claimant must provide concrete evidence of reputational injury or lost sales.
Famous Trademark Not Abandoned After Original Owner’s Bankruptcy
TIGER LILY VENTURES LTD. v. BARCLAYS CAPITAL INC.
Before Lourie, Bryson, and Prost. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board.
Summary: A trademark associated with a bankrupt company was not abandoned when the trademark continued to be used during bankruptcy and was the subject of active licenses.
