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 »

Posted in Trademark Litigation | Tagged , ,

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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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Supreme Court to Review Copyright Statute Relating to Inaccurate Information Provided to Copyright Office

By Zachary Schroeder and Jacob C. Jones On June 1, 2021, the U.S. Supreme Court granted certiorari in Unicolors, Inc. v. H&M Hennes & Mauritz, LP.  The Court agreed to resolve whether 17 U.S.C. § 411(b) requires a district court to refer a matter to the Copyright Office where there is a claim the copyright registration holder made a knowing misrepresentation to the Copyright office in obtaining the registration, but there is no indicia of fraud or material error by the copyright holder.  H&M has asked the Court to interpret the statute as requiring referral merely upon a showing of   Read More »

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