Blog/Insights

Brandy Melville v. Temu: Enough is Enough

The owners of the popular brand Brandy Melville have had enough. Bastiat USA, Inc. and Y.Y.G.M. SA (collectively, he “Plaintiffs”) contend that ultra-fast-fashion purveyor Temu is unlawfully profiting from the goodwill associated with Brandy Melville by knowingly selling knockoff goods on its website. In their suit filed at the...

Two Golf Superstars Can’t Avoid Litigating Trademark Claims in California

The effort by two of golf’s biggest names to have a trademark infringement claim litigated in Delaware instead of California has been dismissed by a Delaware federal district court judge. Tiger Woods and Rory McIlroy, along with a sports executive, formed a virtual, interactive golf league in partnership with...

Companies Can Use AI Tools to Detect Fakes and Have Them Removed

AI technology often requires training on billions of copyrighted and trademarked works to function optimally, so AI operators scrape the internet to copy those works without authorization from the IP owners. Once an AI tool is properly trained, a user can prompt it to generate, nearly instantaneously, many variations...

Step-by-Step Guide to Register a US Trademark for Foreign Applicants

Don’t Lose Your Trademark Because of Bad Behavior

Trademarks can be valuable property. They can be used as collateral to obtain bank loans, as the enticing crown jewel to facilitate an asset purchase agreement or, when a party to a lawsuit fails to appear and has a judgment issued against it, to satisfy the judgment. The controversial,...

Take Heed of Corporate Realities Because They May Save Your Business

Many fashion designers start out in the business by creating and selling goods under their personal names. They want to establish themselves in the industry and often believe the best way to do so is to release fashions bearing their legal names in the hopes that the public will...

Jack Daniels and Dog Poop-A Trademark Owner’s Worst Nightmare: Disgust may Equal Dilution but not Trademark Infringement

The latest decision in the decade-long battle between whiskey maker Jack Daniel’s and the poop-themed squeaky dog toy maker VIP Products (“VIP”) is a win for the distiller giant. However, although Jack Daniel’s prevailed, it failed to obtain the decisive judgment on all counts for which it likely hoped....

Birkins, NFTS and Trademark Infringement in the Metaverse

The case of Hermes Int’l & Hermes of Paris, Inc. v. Rothschild, 22-cv-384 (JSR) (S.D.N.Y.) has generated widespread interest among those in the legal profession as well as purveyors of luxury fashion goods. The lawsuit was filed in January 2022 by Hermès, the makers of the uber-chic and expensive...

5 Reasons to Choose Brandme

Owning a Registered Trademark: Your Best Tool for Removing Infringing Content on the Internet

Owning a Registered Trademark: Your Best Tool for Removing Infringing Content on the Internet In today’s digital age, social media has become a powerhouse for promoting creative content. From artwork and music to literary works and videos, the ability to reach a global audience with minimal effort and expense...