TM Blog
Second Circuit Affirms Parody Defense
The Second Circuit affirmed that the use of image of a Louis Vuitton bag on a bag made by My Other Bag was protected as a parody. The court ruled “A parody must convey two simultaneous—and contradictory—messages: that it is the original, but also that it is not the original and is instead a parody. MOB bags do just that,” The bags are plain bags with illustrations of pricier bags on the side.
Under Armor/Ass Armor Settle
Clothing maker Ass Armor has agreed to stop using "Armor" or "Armour" as a mark in a settlement with Under Armor. Ass Armor agreed that there was a likelihood of confusion.
Supreme Court Hears Arguments for Copyrighting Clothing
The Supreme Court is considering whether copyrights can protect clothing designs. At issue is whether a design for a cheerleading uniform can be copyrighted. Copyrightable designs must exist independently of functional features. One memorable line from the oral arguments was "Congress did not intend to grant a century-long copyright monopoly in cheerleader uniform design.
Sale of Two Hats is Use in Commerce
The Federal Circuit found that the sale of two hats emblazoned with "Add a Zero" by the Christian Faith Fellowship Church was sufficient to satisfy the interstate commerce requirement of the Lanham Act. Read the decision here. The court reversed the cancellation of the church's trademark, which had been sought be Adidas so it could register the mark "ADIZERO."
Ninth Circuit Strengthens Fee Shifting in Trademark Cases
The ninth circuit has joined other circuit courts in finding that the fee shifting of Octane Fitness applies to trademark cases. The ruling makes it easier to recover attorneys fees in trademark litigation in the ninth circuit.