Intellectual Property News and Reports

Heritage Alliance offers voter guides to the public under the names “iVoterGuide” and “iVoterGuide.com.” In January 2019, the American Policy Roundtable (APR), whose website offers information on public policy and political issues to the public, filed for registration of the... Read more →

The statutory scheme devised by Congress supplies the marching orders here: Dyson provided uncontested evidence of revenue, which suffices as profits when assessing Dyson’s recovery under the Lanham Act. See 15 U.S.C. § 1117(a). On remand, if the district court... Read more →

Dollar Financial Group, Inc. appeals a decision of the Trademark Trial and Appeal Board granting in part and denying in part Brittex Financial, Inc.’s petition for cancellation of two trademark registrations. Because the Board correctly determined that DFG may not... Read more →

Westmont Living, Inc., a California corporation that operates 19 retirement communities and assisted living facilities in California and Oregon, markets nationally, soliciting and obtaining customers from across the country, including customers from the East Coast. It operates and markets its... Read more →

Bullshine Distillery LLC (Bullshine) appeals a decision of the Trademark Trial and Appeal Board (Board) finding Sazerac Brands, LLC’s (Sazerac) FIREBALL marks are not generic. Sazerac Brands, LLC v. Bullshine Distillery LLC, No. 91227653, 2023 WL 2423356, at *22 (Mar.... Read more →

Muk Choi Lau, a native and citizen of China, petitions for review of a final order of removal by the Board of Immigration Appeals (the “BIA”) affirming a decision of an Immigration Judge that found Lau inadmissible under 8 U.S.C.... Read more →

Held: In awarding the “defendant’s profits” to the prevailing plaintiff in a trademark infringement suit under the Lanham Act, §1117(a), a court can award only profits ascribable to the “defendant” itself. And the term “defendant” bears its usual legal meaning:... Read more →

The panel affirmed in part and reversed in part the district court’s judgment in favor of defendant Bruce Lowndes after a bench trial in a copyright action brought by Aquarian Foundation, Inc. Aquarian, a non-profit religious organization, alleged infringement of... Read more →

The parties to these cross-appeals from the Eastern District of Virginia — on one side, Moke America LLC, and on the other, related entities Moke International Limited and Moke USA, LLC — are competing for the United States trademark rights... Read more →

The panel affirmed the district court’s dismissal, for failure to state a claim, of an action under the Lanham Act alleging trademark infringement in defendant’s advertising and selling of equity. LegalForce RAPC Worldwide, P.C. (“LegalForce USA”), a California S corporation... Read more →