Eighth Circuit Affirms Dismissal of “Love Happens” Trademark Infringement Suit for Lack of Personal Jurisdiction

By: Emily R. Parker and David G. Barker The Eighth Circuit recently upheld dismissal of Brothers and Sisters in Christ, LLC’s (“BASIC”) lawsuit against online marketplace Zazzle, affirming that “the bare-bones nature of BASIC’s allegations,” including Zazzle’s sale of a single t-shirt, were insufficient to create personal jurisdiction in the state of Missouri.  BASIC is a Missouri retailer that owns the trademark “love happens.” In February 2020, BASIC sued Zazzle for trademark infringement, alleging that Zazzle sold a shirt with a “love happens” logo to at least one Missouri resident and shipped the shirt to that resident in Missouri. BASIC   Read More »

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Ninth Circuit Upholds Trademark Protections for Manufacturer of E-Cigarettes Containing Delta-8 THC

By Andrew S. Green and David G. Barker The Ninth Circuit affirmed a preliminary injunction in favor of AK Futures LLC (“AK Futures”), a manufacturer of e-cigarette and vaping products, against Boyd Street Distro, LLC (“Boyd Street”), a Los Angeles-based storefront and smoke product wholesaler that had allegedly been selling counterfeit versions of AK Futures’ products. The lawsuit centered on AK Futures’ “Cake”-branded delta-8 tetrahydrocannabinol (“delta-8 THC”) products. Delta-8 THC is a chemical compound that occurs naturally in the cannabis plant and can be grown into either hemp or marijuana depending on cultivation method. The FDA categorizes delta-8 THC as a   Read More »

Posted in IP and Technology Litigation, Trademark Litigation | Tagged , , ,

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Irreparable Harm, I Presume? The Trademark Modernization Act and Other Changes in Trademark Law

By Deborah A. Gubernick and Michelle Emeterio Please click here to see the article.

Posted in IP and Technology Litigation, Trademark Litigation | Tagged , , , , ,

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The Lanham Act’s “Living Individual” Restriction & The First Amendment

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Posted in IP and Technology Litigation, Trademark Litigation, Uncategorized | Tagged , , ,

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Generic.com Terms May Be Eligible for Federal Trademark Protection

By Jessica D. Kemper and David G. Barker Today, the Supreme Court held in U.S. Patent & Trademark Office v. Booking.com B.V. that a generic term paired with an internet designation such as “.com” (called a “generic.com” term by the Court) may be eligible for federal trademark registration.  When will a generic.com term be eligible for registration?  According to the Court, one key consideration is whether consumers associate the generic.com term with the source of the goods or services. A generic term—the name of the good or service itself—is not eligible for trademark protection because it cannot distinguish one company’s   Read More »

Posted in Internet and Domain Name Litigation, Trademark Litigation | Tagged ,

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