Heitner Legal
A trademark applicant earns a mulligan on its application to register a golf-related mark. The ex-parte appeal was brought by Driven Golf, Inc., which had originally suffered a defeat when the U.S. Patent and Trademark Office examining attorney assigned to its application determined there to be a likelihood of confusion with another mark that was […]
The natural zone of expansion doctrine is a special rule that can apply in the realm of trademark law. It comes up from time-to-time when two parties have separate claims of priority within a class of goods and services. When an individual or corporate entity files a trademark application, the application must specify the categories […]
Yesterday, we summarized three lawsuits initiated by Donald J. Trump for President, Inc. in Michigan, Pennsylvania, and Georgia, as well as the campaign’s attempt to intervene in the pending U.S. Supreme Court case that concerns the Pennsylvania Supreme Court previously granting a three-day extension for receiving mail-in ballots. Here is a brief update on the […]
Two days after the 2020 Election there is still no announced winner of the presidency. As ballots continue to be counted, the Trump Campaign has become involved in litigation in three states (Michigan, Georgia and Pennsylvania) and asked to be joined to a pending U.S. Supreme Court lawsuit that concerns mail-in ballots. Trump’s Lawsuit in […]
Jack Black and Tony Hawk are among the defendants in a new copyright infringement, unjust enrichment, and unfair competition lawsuit initiated by a California man named Wesley Humpston. The Complaint, filed in the U.S. District Court for the Central District of California is based on Humpston, who has apparently earned the reputation as “The Godfather […]
It’s Tua Time. Former Alabama quarterback Tua Tagovailoa will make his National Football League starting debut today as the Miami Dolphins take on the Los Angeles Rams. Does that mean it is also time to try to lock up valuable intellectual property surrounding the future of the Dolphins franchise? Unless you are actually Tagovailoa, you […]
Under 17 U.S. Code § 505 the prevailing party in a copyright infringement case may be entitled to an award of its reasonable attorney’s fees. It is not an absolute right but, instead, the court must make a case-by-case assessment and look at various relevant factors such as: (1) whether the claim was frivolous; (2) the party’s motivation; (3) […]
How important is a website’s About page when a court is analyzing claims for false advertising and deceptive practices under the Lanham Act? An order from the U.S. District Court for the Southern District of New York in the case of Casper Sleep, Inc. v. Nectar Brand LLC, et al. provides an answer to the […]
A new ruling from the U.S. District Court for the Southern District of New York addresses a hot topic of copyright infringement surrounding the posting of copyrighted material on social media. U.S. District Judge Mary Kay Vyskocil ruled in favor of plaintiff photographer Mark Iantosca on his motion for summary judgment against Elie Tahari, Ltd. […]
It was just a matter of time before companies would start looking to get out of major compensation obligations in their sponsorship agreements that had gone sour, using the novel coronavirus as a foundation for termination. The biggest sports sponsorship in question is probably Under Armour’s 15-year, $280 million Athletic Product and Sponsorship Agreement that […]