So the big tournament starts tonight – that’s right, we are starting with 64 teams and the team that goes through the tournament undefeated brings home the big trophy. Half the fun is looking for that Cinderella team that upsets a few teams on the way, maybe even makes it to the Sweet 16. This […]
The Federal Trademark Dilution Act (“FTDA”), embodied in Section 43(c)(1) of the Lanham Act, provides that famous marks are eligible for federal protection when a third party’s use of the mark dilutes the famous mark’s distinctiveness, even in the absence of competition, likelihood of confusion, mistake, or deception. Protection against dilution does not exist to […]
By: Tyler Hampy To begin, what is unfair competition? Although the courts have had little success in defining unfair competition in the abstract, Black’s Law Dictionary defines unfair competition as dishonest or fraudulent rivalry in trade and commerce, specifically, the practice of endeavoring to pass off one’s own goods or products in the market […]
Near the beginning of the film The Hangover: Part II, the four friends are walking through the Los Angeles International Airport on their way to board a flight to Thailand for Stu’s bachelor party. Alan, Mr. Socially Awkward, is carrying an over- the-shoulder bag appearing to be a pricey and lavish Louis Vuitton. While waiting […]
To prevail on a Lanham Act trademark claim in the Ninth Circuit, a plaintiff must prove: (1) that it has a protectable ownership interest in the mark; and (2) that the defendant’s use of the mark is likely to cause consumer confusion. The first element is rather easy to prove if one has a valid […]
